HUMAN RIGHTS IMPACT ASSESSMENT OF THE COVID-19 …

HUMAN RIGHTS IMPACT ASSESSMENT OF THE COVID-19 RESPONSE ON THE

TERRITORY OF GEORGIA

September 2020

Cover photo copyThoma Sukhashvili

2

Table of contents

Executive Summary 3

Methodology 5

Brief Country Information 6

Incidence of COVID-19 in Georgia 8

The Georgian Authoritiesrsquo Response to COVID-19 Pandemic and its Impact on Human Rights 9

De facto Authoritiesrsquo Response to COVID-19 and its Impact on Human Rights on the Occupied Territories of Abkhazia and South Ossetia 45

Recommendations 53

3

Executive summaryInternational Partnership for Human Rights (IPHR) together with civil society organisations and researchers from across the Former Soviet Union (FSU) conducted a region-wide assessment of national governmentsrsquo responses to the COVID-19 pandemic and the attendant impact on human rights

This study examines the measures adopted by the Georgian authorities through a human rights lens of international regional human rights treaties of core and soft law (non-binding) standards What are the impacts on human rights of the restrictive measures imposed by the Government of Georgia in response to the COVD-19 pandemic How have the Georgian authorities complied with international human rights standards in its response These questions lie at the heart of this report which has been compiled in conjunction with IPHRrsquos local partner Human Rights Education and Monitoring Center (ldquoEMCrdquo)

The first case of COVID-19 was registered in the country on 26 February 2020 following the arrival of a Georgian citizen from Iran via Azerbaijan using the Red Cross checkpoint1 The Georgian authorities took early measures to manage the spread of the pandemic and started their preparations a month prior to registration of the first case The public health crisis was managed from the outset by a team of medical specialists a measure which was viewed positively by the population2 As of 24 July 2020 in Georgia confirmed COVID-19 cases amounted to 1085 911 of whom have recovered From September the cases begun to rise On 12 September 2020 there were registered 158 new cases and on 30 September 326 In total as of 30 September in Georgia there have been 6 192 confirmed cases of COVID-19 with 3 120 recoveries and 37 deaths3

However these numbers are not a true reflection of the situation in the country as a whole given the fact that 20 per cent of the territory is occupied by pro-Russian separatists backed by Russian armed forces Abkhazia and South Ossetia are not under the effective control of the Georgian government and will be examined separately in this report In Abkhazia as of 24 July 2020 the de facto authorities4 reported five infections in the region5 in total 47 cases have been registered with one death to date6 As of 30 September 1458 cases have been registered with 11 deaths In South Ossetia the first three cases were registered on 5 May 2020 and by 24 July 2020 there were a total of 89 cases registered7 By 30 September registered cases reached 100 According to reports from the de facto authorities some 90 patients have fully recovered8 It has been extremely difficult to obtain robust and credible information about the situation in both regions given the limited access afforded to international monitors Moreover it remains difficult to independently verify media sources

1 The Government of Georgia Report on Measures Implemented by the Government of Georgia against COVID-19COVID-19 p 7 available at httpsstopcovgeContentfilesCOVID_RESPONSE_REPORT__ENGpdf

2 Eradze I Corona Pandemic as an Amplifier of Socio-Economic Crises in Georgia p 3 available at httpsgeboellorgen20200527no-115-COVID-19-pandemic-south-caucasus

3 COVID19 Updates Civilge 30 September 2020 available at httpscivilgekaarchives3424584 For the purposes of this report the term ldquode facto authoritiesrdquo is defined as authorities that have effective

control over the territories of Abkhazia and South Ossetia5 President of Abkhazia ldquoProtection of Life and Health of Citizens ndash A Priority for the Leadership of the Countryrdquo

July 15 2020 available at httppresidentofabkhaziaorgaboutinfonewsELEMENT_ID=12430 6 COVID-19 подтвержден у 5 человек НУЖНАЯ ГАЗЕТА July 24 2020 available at httpsabh-nruCOVID-19-

podtverzhden-u-5-chelovek 7 Occupied Tskhinvali region confirms the first case of coronavirus InterpressNews May 6 2020 available at

httpswwwinterpressnewsgeenarticle107250-occupied-tskhinvali-region-confirms-first-case-of-coronavirus8 Chief Sanitary Doctor of South Ossetia gets sick with coronavirus PEC 28 September 2020 available at http

cominforgnode1166532450

4

In light of the above this report focuses mainly on the response of the Georgian authorities in the territory under its effective control In addition the report addresses the response of de facto authorities in Abkhazia and South Ossetia both under the control of and dependent on the Russian Federation

The Georgian authorities adopted a four-stage strategy to manage the spread of the pandemic in the country which included the imposition of restrictive measures Almost a month after the first case was registered a state of emergency was declared on the basis of a decree issued by President Zourabichvili on 21 March 2020 and approved by the Parliament on the same day9 The state of emergency continued until 22 May 2020

Through our monitoring we have identified number of human rights concerns around the Georgian authoritiesrsquo response to the COVID-19 pandemic between January and 24 July 2020

middot Amendments to the Law on Public Health (adopted following the end of the state of emergency) granted overly broad powers to the government to impose quarantine measures with no parliamentary oversight Lawyers and human rights organisations have raised concerns about the constitutionality and legality of these new legislative amendments as well as to the Code of Administrative Offenses of Georgia and the Criminal Code of Georgia

middot The government has been criticised by civil society organisations for applying excessive fines as compared to the countryrsquos average wage and in an inconsistent manner

middot Restrictions on freedom of movement have had a disproportionate effect on vulnerable groups For instance a total ban on public transport has impacted heavily on individuals requiring ongoing medical treatment at hospitals or clinics

middot The transition to lsquoremote justicersquo has been efficiently managed but has been hampered by limited resources and poor infrastructure

middot The Special Preventive Group has commended the Special Penitentiary Servicesrsquo management of the pandemic within prisons but has identified a number of concerns including lack of access to medical services and overcrowded cells

middot Ethnic minority groups have not been adequately provided with COVID-19 public health information in local languages

middot The right to freedom of assembly has been applied in a discriminatory fashion vis-agrave-vis religious groups in particular the authorities have waived certain restrictions in favour of the Georgian Orthodox Church

middot The health services have to date managed the public health crisis well However the infection rates remain high among health workers (amounting to 13 per cent of confirmed cases) and concerns remain about protections afforded to this community Nurses in particular remain at serious risk

middot The Georgian authorities have failed to meet the needs of homeless people during the pandemic

middot The authorities have not taken into account the impact of the transition to online learning on those children without regular access to the internet and other technology There are no reliable government statistics available quantifying the lsquodigital dividersquo and the Ministry of Education has not provided a meaningful policy response to address this issue

9 Parliament Authorized Presidential Decree over State of Emergency March 21 2020 see at httpwwwparliamentgegesaparlamento-saqmianobaplenaruli-sxdomebiplenaruli-sxdomebi_newsparlamentma-sagangebo-mdgomareobis-gamocxadebis-shesaxeb-saqartvelos-prezidentis-brdzaneba-daamtkicapage

5

middot The emergency legislation and restrictive measures resulted in indirect discrimination and unequal treatment of women people living with disabilities ethnic minorities and the LGBTQI community

Abkhazia and South Ossetia

The population in both territories face extreme privations and challenges in terms of their physical economic and diplomatic isolation all of which have been exacerbated by the pandemic The fight against the pandemic has been particularly challenging given an older demographic a weak health system and outdated and often Soviet-era infrastructure Moreover both territories have been unable to secure international humanitarian aid given their contested status under international law The human rights situation in both territories remains concerning particularly given the limited access afforded to international human rights mechanisms and it remains a challenge to secure credible and reliable information about the situation on the ground10 A major point of contention relates to the ldquoillegal borderisationrdquo11 which has intensified during the current public health crisis International talks have ground to a halt due to the pandemic and the next round of the Geneva International Discussions on the Conflict in Georgia (lsquothe GIDrsquo) have been postponed indefinitely The GID is the sole multilateral forum to address the security and humanitarian consequences of the conflict and is attended by Georgian Abkhazian and South Ossetian officials

MethodologyIn order to respond to the unfolding human rights crisis across the former Soviet Union (FSU) region IPHR devised a monitoring tool ndash an in-depth questionnaire covering civil political social and economic rights which have potentially been affected by the restrictive measures introduced by the authorities to contain the spread of COVID-19 The monitoring tool provides a framework to assist local civil society organisations in monitoring the ways in which the authorities respond to the crisis and covers following areas of interest

middot Emergency measures

middot Right to liberty and security and freedom of movement

middot Right to a fair trial

middot Prisons and other places of detention

middot Right to Privacy

middot Freedom of assembly and association

middot Freedom of expressionaccess to information

10 UN Georgia The United Nations Human Rights Council adopts Resolution on Cooperation with Georgia June 23 2020 available at httpsgeorgiaunorgen50418-united-nations-human-rights-council-adopts-resolution-cooperation-georgia

11 ldquoillegal borderisationrdquo is defined as the illegal process of establishing lsquobordersrsquo between the territories controlled by the Georgian government and the territories of Abkhazia and South Ossetia As defined by the EU Monitoring Mission in Georgia (EUMM) ldquoBorderisationrdquo encompasses three main elements (1) the establishment of physical infrastructure to force commuters vehicles and goods to use special ldquocontrolled crossing pointsrdquo established at the ABL (2) surveillance and patrolling by either Russian border guards or security actors from the breakaway regions that monitor the situation and detain people if they are in violation of established ldquorulesrdquo (3) a crossing regime requiring commuters to have specific documents and only use lsquoofficialrsquo crossing points The EUMM Monitor Issue 7 October 2018 available at httpseummeudatafile6486The_EUMM_Monitor_issue_7_ENGpdf

6

middot Health care

middot Housing

middot Right to water

middot Economic and financial response

middot Right to education

middot Equality and non-discrimination

middot People Living with disabilities

middot LGBTQI persons

middot Migrants ethnic minority groups and xenophobia

middot Children young and older people

Much of the information and data presented in this report has been provided by national focal points ndash local researchers working with IPHR and local civil society organisations with which IPHR has been collaborating for many years While collecting the data we paid particular attention to rights violations that occurred exclusively in the context of restrictive measures and policies that were introduced by the local authorities in relation to the COVID-19 response

The IPHR team analysed dozens of cases of alleged rights violations reported by local civil society actors and independent media Statistical data on the prevalence of the disease and information about restrictive measures introduced in response to COVID-19 crisis has been obtained from official government sources Information collected has been analysed against applicable regional (Council of Europe) and universal (United Nations) standards

Brief Country InformationGeorgia (Sakartvelo in Georgian) is a South Caucasian country located at the eastern end of the Black Sea It is bordered by Russia to the north and northeast Azerbaijan to the east and southeast Armenia and Turkey to the south and by the Black Sea to the west Georgia includes three ethnic enclaves Abkhazia in the northwest (principal city Sokhumi) Ajaria in the southwest (principal city Batumi) and South Ossetia in the north (principal city Tskhinvali) The capital of Georgia is Tbilisi12 Its territory covers over 69 700 km2 with an estimated population of 3 716 900 inhabitants13 In Georgia 868 per cent of the population is ethnic Georgians 63 per cent ethnic Azerbaijanis and 45 per cent Armenians The remaining 24 per cent of the population are ethnic Russians Ossetians Ukrainians Greek and other nationalities14 Georgian is the official language of Georgia

After a long period of Turkish and Persian domination Georgia was annexed by the Russian Empire in the 19th century An independent Georgian state existed from 1918 to 1921 In 1922 it became a part of the Transcaucasian Socialist Federative Soviet Republic until 1936 when Georgia became a constituent

12 Google Maps ldquoGeorgiardquo 19 July 2020 available at httpswwwgooglecommapsplaceGeorgia4230287194110856487zdata=3m14b14m53m41s0x40440cd7e64f626b0x4f907964122d4ac28m23d423154074d43356892

13 National Statistics Office of Georgia (Geostat) Statistical information by Regions of Georgia as of July 19 2020 available at httpswwwgeostatgeregions

14 National Statistics Office of Georgia (Geostat) Nationwide populations census 2014 available at httpcensusgefilesresultsCensusper cent20Release_GEOpdf

7

(union) republic of the Soviet Union until its collapse Georgia declared sovereignty on 19 November 1989 and independence on 9 April 1991 Zviad Gamsakhurdia leader of the national movement was elected as the first president of the country15

The 1990s was a period of instability and civil unrest in Georgia as the first post-independence government was overthrown and separatist movements emerged in South Ossetia and Abkhazia The first president Zviad Gamsakhurdia was overthrown within the same year and the country became engaged in a civil war from 1991 - 199316 Abkhazia in 1993 and South Ossetia in 1992 with the support of Russia declared de facto independence from Georgia After presiding over an extremely corrupt political system and manipulating the November 2003 parliamentary election results the ldquoRose Revolutionrdquo forced Eduard Shevardnadze the second president of Georgia to resign in 200317

The Rose Revolution consisted of twenty days of protests from 3 to 23 November 2003 and led to new presidential and parliamentary elections in Georgia and established the United National Movement (UNM) as the dominant ruling party In January 2004 Mikheil Saakashvili won the presidential elections with an absolute majority Saakashvilirsquos United National Movement Party (UNMP) followed suit in the parliamentary elections held in March of the same year Following the Rose Revolution Georgia pursued a decidedly pro-Western foreign policy and declared European and Euro-Atlantic integration as its main priority As expected the Georgian governmentrsquos aspirations were met with fierce resistance by Russia Since the Rose Revolution Georgian-Russian relations have deteriorated in large part due to the pro-Western and pro-European stance of the Georgian government Tensions have intermittently developed over ldquofrozen conflictsrdquo in relation to Abkhazia and South Ossetia In August 2008 under the presidency of Mikheil Saakashvili tensions culminated in the RussondashGeorgian War18 The Georgian forces were defeated at the hands of the Russian army which invaded Georgian territory Tensions with Russia remain unresolved as Abkhazia and South Ossetia which cover 20 per cent of Georgiarsquos territory continues to be occupied by Russia19

Parliamentary elections were held in October 2012 and the opposition coalition ldquoGeorgian Dreamrdquo headed by billionaire businessman Bidzina Ivanishvili won On 27 October 2013 Giorgi Margvelashvili was elected as a president in the presidential election with 6218 per cent of votes The seventh presidential election in Georgia was held in 2018 following two rounds (28 October and 28 November) - with 5952 per cent of the votes cast for independent presidential candidate Salome Zourabichvili20 At the time of writing the coalition ldquoGeorgian Dreamrdquo governs the country

The wave of neo liberalization which followed the Rose Revolution weakened the social rights of Georgian citizens21 Saakashvilirsquos radical neoliberal reform agenda included the following measures total privatisation almost full deregulation cutting andor abolishing 20 different taxes trade liberalisation

15 Metreveli T (2016) An undisclosed story of roses Church state and nation in contemporary Georgia Nationalities Papers 44(5) 694-712 p 695

16 Zedania G (2018) Modernisation in Georgia Theories discourses and realities p 817 Ibid p 11218 Ibid p 11419 Nodia G Tevzadze G (2003) Building Democracy in Georgia Discussion paper 1 International Institute for

Democracy and Electoral Assistance (International IDEA) retrieved from httpwwwideaintpublicationsgeorgiauploadBook-01_scrpdf

20 The official web-site of the President of Georgia at wwwpresidentgovgeengsaqartvelosaqartvelos-shesakhebaspx 21 Saakashvili M and Bendukidze K (2014) lsquoGeorgia The most radical Catch-up Reformsrsquo in Aslund A and Djankov

S (eds) The Great Rebirth Lessons from the Victory of Capitalism over Communism Washington DC Peterson Institute for International Economics pp 149ndash165

8

and massive downsizing of the public sector all carried out in a short time span These substantial reforms transformed Georgia into one of the most liberal economies in the world In 2012 Georgia ranked ninth in the World Bankrsquos ease-of-doing business ranking as compared to 112th place in 200522 In terms of labour rights the Georgian Labour Code reform of 2006 stripped workers of formerly-held rights23 Georgia continues to have one of the most employer-friendly labour codes and no social security taxes24 The situation for employees is precarious with no minimum wage or overtime payments and health and safety in the workplace are not guaranteed in practice25 Moreover the general population faces severe economic hardship one in five Georgians lives in poverty (with an income below 190 USD or 160 EUR day) while almost 50 per cent are living close to the poverty line26 Unemployment and a high-income inequality gap remain key challenges for Georgian society27

Incidence of COVID-19 in GeorgiaA Incidence of COVID-19 on Territory Controlled by

the Government of Georgia

According to the latest census as of 1 January 2020 the population of Georgia (excluding the occupied territories) is 3 716 658 of which 762 621 people are of retirement age (205 per cent of the total population)28 Thus one-fifth of the countryrsquos population can be considered high or medium risk carriers of contracting the COVID-19 virus The risk factors and chronic conditions associated with COVID-19 related mortality are also quite high in the country at 80 per cent of which 1) 40 per cent for cardiovascular diseases 2) 22 per cent for chronic respiratory diseases 3) 15 per cent for tumours and 4) for diabetes - 3 per cent29

The first case of COVID-19 was registered in Georgia on 26 February 2020 The Georgian government took measures at an early stage in response to the pandemic and started preparations a month prior to

22 Gugushvili D (2016) lsquoLessons from Georgiarsquos neoliberal experiment A rising tide does not necessarily lift all boatsrsquo Communist and Post-Communist Studies The Regents of the University of California 50(1) pp 1ndash14

23 Lazarus J (2013) lsquoDemocracy or Good Governance Globalisation Transnational Capital and Georgiarsquos Neoliberal Revolutionrsquo Journal of Intervention and Statebuilding (August) pp 1ndash28 p 9 Gugushvili D (2016) lsquoLessons from Georgiarsquos neoliberal experiment A rising tide does not necessarily lift all boatsrsquo Communist and Post-Communist Studies The Regents of the University of California 50(1) pp 1ndash14 p 3

24 Invest In Georgia (2020) lsquoYoung Skilled and Competitively Priced Labor Forcersquo investingeorgiaorg Available at wwwinvestingeorgiaorgengeorgialabor

25 Eradze I Corona Pandemic as an Amplifier of Socio-Economic Crises in Georgia in Badalyan L de Cordier B Guliyev F Lezhava D Di Puppo L Perović J amp Turmanidze K (2020) COVID-19 in the South Caucasus Caucasus Analytical Digest (CAD) 115 at 5 accessbile at httpswwwlaender-analysendecad Civil Georgia (2020) lsquoCOVID-19 Pandemic Georgian Govrsquot to Work ldquoRound-the-Clockrdquorsquo March 12 2020 Avalable at httpscivilgearchives342128per cent0AIn

26 World Bank (2018) Georgia from Reformer to Performer Washington D C p10 available at httpsopenknowledgeworldbankorgbitstreamhandle1098629790GEO-SCD-04-24-04272018pdfsequence=1ampisAllowed=y

27 UNICEF (2018) Population Welfare Research 2017 available at httpswwwuniceforggeorgiasitesuniceforggeorgiafiles2019-01WMS_brochure_unicef_eng_webpdf short overview]

28 Population in Georgia as of 1 January 2020 National Statistics Office of Georgia available at httpswwwgeostatgeenmodulescategories41population

29 The Government of Georgia Report on Measures Implemented by the Government of Georgia against COVID_19 p 13 see also National Report On the health condition of the population of Georgia Ministry of Internally Displaced Persons from the Occupied Territories Labour Health and Social Affairs of Georgia httpswwwmohgovgeuploadsfiles2019Failebi16082019pdf

9

the registration of the first case30 As of 24 July 2020 1085 cases were registered in the country Cases rose from September on 12 September t158 new cases were registered and on 30 September 326 In total as of September 30 there were 6 192 confirmed cases of COVID-19 with 37 deaths31

B Incidence of COVID-19 in Russian-occupied Abkhazia and South Ossetia

The first COVID-19 case was registered in Abkhazia on 29 March 2020 when a woman from Gali returned to her home from Moscow by plane and was subsequently diagnosed with COVID-19 on 7 April 2020 As of 24 July 2020 the de facto authorities reported five COVID-19 infections32 As of 30 September there were 1458 cases and 11 deaths33 In South Ossetia the first three COVID-19 cases were registered on 5 May 202034 A total of 89 COVID-19 cases have been registered by the de facto authorities some 85 patients have recovered (according to the de facto authorities) and as of 24 July 2020 there were four cases in the territory of South Ossetia with 150 people remaining under observation35 By 30 September registered cases reached 100 According to reports from the de facto authorities 90 patients fully recovered36

The Georgian Authoritiesrsquo Response to COVID-19 Pandemic and its Impact on Human RightsC Response

I RESTRICTIONS IMPOSED (AND LIFTED)

On 4 June 2020 the Government of Georgia published a report detailing its four stage strategy against the spread of COVID-1937

Phase 1 Multisectoral cooperation and institutional liaison

The first phase of the fight against the pandemic in Georgia began a month prior to the registration of the first COVID-19 case in the country and involved the implementation of coordinated measures

30 Eradze I Corona Pandemic as an Amplifier of Socio-Economic Crises in Georgia in Badalyan L de Cordier B Guliyev F Lezhava D Di Puppo L Perović J amp Turmanidze K (2020) COVID-19 in the South Caucasus Caucasus Analytical Digest (CAD) 115 at 3 accessible at httpswwwlaender-analysendecad

31 COVID19 Updates Civilge 30 September 2020 available at httpscivilgekaarchives342458 32 COVID-19 подтвержден у 5 человек НУЖНАЯ ГАЗЕТА July 24 2020 available at httpsabh-nrucovid-19-

podtverzhden-u-5-chelovek 33 COVID19 Updates Civilge 30 September 2020 available at httpscivilgekaarchives34245834 COVID19 Updates Civilge 30 September 2020 available at httpscivilgekaarchives342458 35 There are no new ones the coronavirus tests conducted in South Ossetia per day are all negative ldquoРесrdquo State

News Agency of South Ossetia July 27 2020 available at httpcominforgennode1166531251 36 Chief Sanitary Doctor of South Ossetia gets sick with coronavirus PEC 28 September 2020 available at http

cominforgnode116653245037 The Government of Georgia Report on Measures Implemented by the Government of Georgia against COVID-19

available at httpsstopcovgeContentfilesCOVID_RESPONSE_REPORT__ENGpdf

10

through multisectoral cooperation An Inter-agency Coordination Council (hereinafter referred to as ldquothe Councilrdquo) was established on 28 January 2020 The Council acted as the principal decision making body on issues related to COVID-19 and included members of the government Parliament representatives of the Presidential Administration and professionals from the medical field 38 By 30 September registered cases reached 100 According to reports from the de facto authorities 90 patients fully recovered39

During this initial period further measures were taken to manage the spread of the pandemic in the country including

middot On 28 January 2020 the government approved an Emergency Response Plan to prevent the possible spread of COVID-19 in Georgia40

middot On 6-14 February 2020 COVID-19 protocols and various methodological recommendations were developed and approved Video lectures and educational materials were disseminated

Phase 2 Containment measures

The second phase of the measures focused on containing the virus within the country These measures included

middot 2-4 March 2020 suspension of educational cultural activities and the cancellation of planned events Checkpoints were established at land borders and at all airports from where passengers were taken to special facilities

middot A dedicated web-site was created ndash wwwStopCovge as a repository for all information related to COVID19 The web-site provided the first data sets relating to COVID-19 infections in the country

middot Quarantine zones were established to accommodate individuals with suspected COVID-19 Public events were cancelled and disinfection works started

middot 5 March 2020 ndash Special conditions were introduced in penitentiary institutions

middot 12 March 2020 ndash Certain government employees switched to remote working Private sector workers were encouraged to work remotely

middot 13 March 2020 ndash The Ministry of Environment and Agriculture took the lead in managing government supplies and set up headquarters in the department The unit monitored the prices and supplies of primary consumption products on a daily basis

middot 14-16 March 2020 ndash Traffic to and from neighbouring countries was gradually suspended41

Phase 3 Managing the spread of COVID-19

In a bid to limit the spread of the virus from 2 March 2020 foreign citizens were banned from entering Georgia by plane and land traffic was gradually restricted The Georgian authorities declared a state of

38 The Government of Georgia Report on Measures Implemented by the Government of Georgia against COVID_19 p 6

39 Chief Sanitary Doctor of South Ossetia gets sick with coronavirus PEC 28 September 2020 available at httpcominforgnode1166532450

40 Decree of the Government of Georgia N164 On the Approval of Measures to Prevent the Possible Spread of the Novel Coronavirus in Georgia and the Emergency Response Plan for Cases of Novel Coronavirus Disease January 28 2020 available at httpsmatsnegovgedocumentview4821121publication=31

41 Ibid pp 6-7

11

emergency on 21 March and subsequently extended it until 22 May 2020 In order to effectively coordinate the implementation of emergency measures an Operational Headquarters on the Management of the State of Emergency was set up with the participation of representatives of all relevant agencies The National Security Council led on the implementation of emergency measures at the central and regional levels and established local level operational headquarters in 10 regions of Georgia headed by state representatives (governors) of each region On 26 March 2020 Medical facilities (so-called COVID Clinics) were set up to respond to confirmed cases of COVID-19 and on 30 March ldquoFever clinicsrdquo42 were established around the country

From 31 March onwards a curfew was introduced with restrictions on movement (walking or travel) from 900 pm to 0600 am in the streets however the restrictions did not apply to the international carriage of goods and other exempted activities as determined by the Government Decree No18143 In addition during the State of Emergency individuals were required to carry identity documentsproof of identity while travelling or moving in any form outside their homes The number of people allowed to gather in public spaces was reduced from 10 to three persons aged 70 or over were prohibited from leaving their place of residence (except for going to the closest grocery shop pharmacy or medical institution) people were forbidden to transport passengers in certain vehicles including M3 vehicles (comprising more than eight seats) and a ban was introduced on public transport including the metro driving with more than three people (including the driver) was prohibited The Ministry of Health recommended that passengers should travel in the back seat of any vehicle

On 31 March 2020 government advice hotline ndash 144 was established From 17 April onwards vehicles were banned from entering and leaving cemeteries over Easter Wearing masks in closed public spaces became mandatory44

A number of economic activities were allowed to continue during the state of emergency principally those relating to agriculture and the production of goods and services45

Phase 4 Easing restrictions and resumption of economic activities

The Georgian authorities started to ease restrictions once the medical situation had improved and there was a reduction in the daily infections On 20-26 April 2020 the daily infection rate dropped to 30 and the total weekly rate to 10046 As from first half of May 2020 the reproduction rate (lsquoRrsquo rate) fell below one and the evidence suggested that the situation was stabilising in terms of the virus spread

42 ldquoFever clinicsrdquo are clinics that evaluate patients with high fever High fever is known to be one of the most common symptoms of Covid-19

43 The Government of Georgia Ordinance No 181 On the Approval of Measures to be Implemented in connection with the Prevention of the Spread of the Novel Coronavirus (COVID-19) in Georgia of March 23 2020 httpsmatsnegovgeendocumentview4830610publication=0

44 The Government of Georgia Report on Measures Implemented by the Government of Georgia against COVID-19COVID-19 p12 available at httpsstopcovgeContentfilesCOVID_RESPONSE_REPORT__ENGpdf

45 Following activities continued within the framework of the state of emergency with the relevant mandatory rules Agricultural works including in municipalities with strict quarantine regime Transportation of agrarian products for sale Freight shipments (including transit) Production and sale of vitalnecessary goods and services (food medicines electricity gas water communications fuel) Work on critical infrastructure and enterprises (refrigeration and greenhouse farms construction of irrigationreclamation systems operation of system enterprises) Ibid p 12

46 Ibid p 13

12

On 27 April 2020 the following activities resumed travel by mechanical modes of transportation open-air markets delivery service for all types of products remote trade (so-called ldquoonlinerdquo) (provided that no more than five people were present in the workplacewarehouse) 47

On 5 May 2020 entering and leaving Batumi and Kutaisi municipalities was allowed Technical services for cars motorcycles mopeds and bicycle including car washes as well as the sale of necessary partsaccessoriesmaterials on-site by the same entities resumed Construction and repair activities as well as activities related to construction supervision the production of building materials and wood and glass products related to construction resumed48

On 23 May 2020 the state of emergency was lifted The curfew and the restrictions on the transportation of more than three people by car except by taxi were lifted Meetings and demonstrations under the Law on Meetings and Manifestations were allowed In-person practicallaboratory work and exams at universities were allowed in line with Ministry of Health guidance The regulations for people over 70 became recommendations The ban on entering a cemetery area was also lifted49

In addition all economic activities resumed with the exception of restaurants bars and cafes retail outlets (apart from food shops) shopping centres and open-air markets (except agrarian markets) sports cultural and entertainment events and recreational activities and currency exchange offices50

II LEGAL ASPECTS OF STATE OF EMERGENCY

A state of emergency was declared on the basis of a decree issued by President Zourabichvili on 21 March 2020 which was approved by Parliament on the same day51 The decree restricted certain rights and freedoms provided for in Chapter 2 of the Constitution of Georgia (Articles 13-26) and delegated the authority to regulate certain issues to the Government of Georgia52

In accordance with the law (Decree N1 of the President) regulating the declaration of the state of emergency the restrictions in force included incursions on the following rights restrictions on the right to liberty (including quarantine measures and forcible transfer to quarantine institutions) regulation of freedom of movement (air travel land and sea traffic and the establishment of quarantine rules) limits on the right to privacy and family life including suspension of the right to visit in prison restrictions on the right to a fair trial including access to public information and compensation for damage caused by public authorities restrictions on the right to property including the use of property by the Georgian authorities on the grounds of public health restrictions on the right to freedom of assembly and freedom of labour trades unions and the right to strike and freedom of entrepreneurship

47 Ibid p 1448 The Government of Georgia Report on Measures Implemented by the Government of Georgia against COVID_19

p14 available at httpsstopcovgeContentfilesCOVID_RESPONSE_REPORT__ENGpdf 49 Ibid pp 14-1550 Ibid51 Parliament Authorized Presidential Decree over State of Emergency March 21 2020 see at httpwwwparliament

gegesaparlamento-saqmianobaplenaruli-sxdomebiplenaruli-sxdomebi_newsparlamentma-sagangebo-mdgomareobis-gamocxadebis-shesaxeb-saqartvelos-prezidentis-brdzaneba-daamtkicapage

52 President of Georgia Decree No 1 ldquoOn Measures to be Implemented in connection with the Declaration of a State of Emergency throughout the Whole Territory of Georgiardquo March 21 2020 httpsmatsnegovgeendocumentview4830372publication=0

13

Under the emergency legislation the Minister of Justice was given powers to change regulations regarding people on probation and parole53

Further court hearings under the Criminal Procedure Code were held online In such instances parties to the proceedings were denied the right to challenge the use of remote hearings54

The State of Emergency was extended to 22 May 2020 (included) by presidential decree (Decree N2 of 21 April 2020) and was subsequently approved by Resolution N5866 of the Parliament of Georgia of 22 April 2020 Following the lifting of the state of emergency emergency legislation was passed 1) amendments to the ldquoLaw on Public Healthrdquo and 2) amendments to the Criminal Procedure Code which established remote court hearings and enabled the government to introduce special rules of isolation and quarantine until 15 July 2020 Subsequently parliament extended the deadline until the end of 2020

Georgia is a party to the European Convention on Human Rights (ECHR) and is bound by the human rights obligations set out in the treaty Under international human rights law states may derogate from their human rights obligations in very exceptional circumstances As a signatory to the ECHR Georgia is bound by Article 15 which permits derogations ldquoin time of war or other public emergency threatening the life of the nationhellipto the extent strictly required by the exigencies of the situationrdquo55 States may not lsquocontract outrsquo of certain human rights obligations even in a time of emergency The Council of Europe has a strict derogation framework in place should states wish to formally derogate from certain human rights obligations under the ECHR56 Most importantly any derogation should be a temporary measure and comply with the key principles of legality proportionality (as to scope duration and geographical coverage) non-discrimination exceptionality notification publication and subject to regular review57

The Georgian government notified the Secretary General of the Council of Europe (the lsquoSecretary Generalrsquo) of their derogations from the European Convention on Human Rights (the lsquoECHRrsquo or lsquoConventionrsquo) on 23 March 202058 The derogations were sought under Articles 5 8 and 11 of the Convention Articles 1 and 2 of Protocol to the Convention and Article 2 of Protocol No4 to the Convention59

The Georgian government also notified the UN and the OSCE Office for Democratic Institutions and Human Rights (ODIHR) of its intention to derogate from certain rights under the state of emergency on 21 March 2020 According to ODIHR the initial information provided by Georgia to ODIHR did not

53 The Government of Georgia Report on Measures Implemented by the Government of Georgia against COVID_19 p 19 available at httpsstopcovgeContentfilesCOVID_RESPONSE_REPORT__ENGpdf

54 Ibid p 21 55 The relevant section of Article 15 ECHR states ldquo1 In time of war or other public emergency threatening the

life of the nation any High Contracting Party may take measures derogating from its obligations under the Convention to the extent strictly required by the exigencies of the situation provided that such measures are not inconsistent with its other obligations under international lawrdquo

56 Certain rights are non-derogable namely Article 2 (right to life except in respect of deaths resulting from lawful acts of war) Article 3 (the right to be free from torture inhuman or degrading treatment or punishment) Article 4(1) (freedom from slavery or servitude) and Article 7 (no punishment without law)

57 Siracusa Principles on the Limitation and Derogation Provisions in the International Covenant on Civil and Political Rights UN Doc ECN419844 (1984)

58 Convention for the Protection of Human Rights and Fundamental Freedoms (ETS No 5) Notifications under Article 15 of the Convention in the context of the COVID-19 pandemic available at httpswwwcoeintenwebconventionsfull-list-conventionswebContent62111354

59 See more OSCE Human Dimension Commitments and State Responses to the COVID-19 Pandemic the OSCE Office for Democratic Institutions and Human Rights (ODIHR) p28 available at httpswwwosceorgodihrhuman-rights-states-of-emergency-COVID19

14

mention derogations but the most recent Note Verbale of 25 May 2020 listed the derogations to the specific articles of the ECHR and of the ICCPR60 Further the initial notifications to the Council of Europe and to the UN did not mention the derogation to the right to a fair trial (Art 6 of the ECHR and Art 14 of the ICCPR respectively) although it was included in the notifications to the Council of Europe dated 25 May 2020 and to the UN dated 23 May 2020 and the most recent one dated 15 July 202061

III LEGISLATIVE AMENDMENTS ADOPTED IN CONNECTION WITH THE STATE OF EMERGENCY

On 23 April 2020 the Georgian Parliament adopted legislative amendments to the Code of Administrative Offenses and the Criminal Code62 The parliament failed to consult with relevant stakeholders prior to the introduction of the bill and as such these groups were excluded from the process and unable to submit comments accordingly Moreover the bill was only considered by the Committee on Legal Issues and not the Committee on Human Rights and Civil Integration whose participation was vital to the law-making process As a result civil society organisations were unable to meaningfully participate in the legislative process as it was conducted behind closed doors63

Amendments to the Code of Administrative Offenses

The amendments to the Code of Administrative Offenses provided for administrative penalties for any breaches in respect of the quarantineisolation rules state of emergency or martial law64 In such cases penalties were determined by various government bodies namely the Ministry of Internal Affairs the Ministry of Finance Presidential decree or government resolution Critics argued that these penalties should have been administered and determined by a court given the fact that these offences include a criminal content65 The European Court of Human Rights has indicated that procedural rights provided in Article 6 of the Convention apply equally to administrative offences of a criminal nature66 Further critics suggest that any judgements in relation to these cases should be subject to judicial review similar

60 Declarations and Reservations from the International Covenant on Civil and Political Rights (ICCPR) available at httpstreatiesunorgPagesViewDetailsaspxchapter=4ampclang=_enampmtdsg_no=IV-4ampsrc=INDEndDec

61 Georgia Notification under Article 4(3) 1 of the ICCPR CN3142020TREATIES-IV4 (Depositary Notification) full text available at httpstreatiesunorgdocPublicationCN2020CN3142020-Engpdf also Georgia Reservations and Declarations for Treaty No005 - Convention for the Protection of Human Rights and Fundamental Freedoms httpswwwcoeintenwebconventionsfull-list -conventionstreaty005declarationsp_auth=maUU0ZbTamp_coeconventions_WAR_coeconventionsportlet_enVigueur=falseamp_coeconventions_WAR_coeconventionsportlet_searchBy=stateamp _coeconventions _WAR _coeconventionspor tlet _codePays=GEOamp _coeconventions _WAR _coeconventionsportlet_codeNature=10

62 Parliament Endorsed Bills for Accelerated Consideration April 23 2020 available at httpparliamentgegesaparlamento-saqmianobaplenaruli-sxdomebiplenaruli-sxdomebi_newsparlamentma-dachqarebuli-wesit-gansaxilveli-kanonproeqtebi-miigopage

63 GYLA Assessment on the Legislative Amendments Adopted in Connection with the State of Emergency April 24 2020 available at httpsgylageenpostsaia-s-shefaseba-sagangebo-mdgomareobastan-dakavshirebit-mighebul-sakanonmdeblo-cvlilebebzesthashkJaIpbJaTNDC9drkdpbs

64 Article 4210 Administrative Offences Code of Georgia last accessed on 23072020 available at httpsmatsnegovgekadocumentview28216publication=460

65 Administrative Offences Code of Georgia available at httpsmatsnegovgekadocumentview28216publication=460 see also GYLA Assessment on the Legislative Amendments Adopted in Connection with the State of Emergency April 24 2020 available at httpsgylageenpostsaia-s-shefaseba-sagangebo-mdgomareobastan-dakavshirebit-mighebul-sakanonmdeblo-cvlilebebzesthashkJaIpbJaO4ObUknxdpbs

66 Case of Ziliberberg v Moldova (no 6182100) ECHR 2005 httpshudocechrcoeintfreper20cent22itemidper20cent22[per20cent22001-68119per20cent22]

15

to other offences for which repeat offences imply criminal liability (eg carrying a cold weapon illegally cutting down a tree-shrub)67

Amendments to the Criminal Code

The amendments to the Criminal Code established criminal liability for repeated violations of the rules relating to isolation andor quarantine as well as the state of emergency or martial law and carries a sentence of imprisonment for up to six years unless otherwise provided by the Presidential decree68 For the same offence Article 8(2) of Presidential Decree N1 of 21 March 2020 carries a punishment of imprisonment for a term of up to three years

The amended sentencing regime is disproportionate with respect to those offences which do not incur significant damage As a general human rights principle the law should provide punishments that are proportionate to the offence in question In this instance the law does not provide for any discretion in terms of the application of the law and only allows for sentencing under terms of strict liability Moreover a sentence of six yearsrsquo imprisonment places these offences within the category of lsquoserious crimersquo yet the Presidential decree only provides for imprisonment of up to three years Accordingly the procedural actions specified in the Criminal Procedure Code which apply only to the category of serious andor grave crimes (including covert investigative actions) cannot be used69

Legislative amendments to the Law on Public Health

On 22 May 2020 the Georgian Parliament gave executive bodies powers to take measures ordinarily reserved for emergency situations70 Initially the law envisaged that the restrictive measures would be temporary in nature and would remain in force until 15 July 2020 However parliament extended this deadline on 14 July 2020 until the end of 2020 even though the health situation had not deteriorated71

The new amendments have come under sharp criticism from civil society organisations and opposition parties alike72 Although the relevant legislation meets the tests of lsquolegitimate purposersquo under international human rights law it does not meet either the ldquoproportionalityrdquo or ldquonecessityrdquo threshold Notably the amendments impose abstract vague and ambiguous conditions in relation to the lockdown measures moreover the legislation gives unlimited powers to the executive branch of government with minimal parliamentary or judicial oversight73

67 GYLA assessment on the Legislative Amendments Adopted in Connection with the State of Emergency April 24 2020 available at httpsgylageenpostsaia-s-shefaseba-sagangebo-mdgomareobastan-dakavshirebit-mighebul-sakanonmdeblo-cvlilebebzesthashkJaIpbJaUbpLkQobdpbs

68 Article 3591 of the Criminal Code of Georgia httpsmatsnegovgekadocumentview16426publication=22669 GYLA assessment on the Legislative Amendments Adopted in Connection with the State of Emergency April 24

2020 available at httpsgylageenpostsaia-s-shefaseba-sagangebo-mdgomareobastan-dakavshirebit-mighebul-sakanonmdeblo-cvlilebebzesthashkJaIpbJaUbpLkQobdpbs

70 Amendments to the Law of Georgia on Public Health can be accessed here httpsinfoparliamentgefile1BillReviewContent248127

71 First Channel Amendments to the Law on Public Health May 25 2020 available at https1tvgevideocvlilebebi-kanonshi-sazogadoebrivi-janmrtelobis-shesakheb

72 FIN Opposition and GYLA Appeal to Constitutional Court over Amendments to Public Health Law available at httpfaxinternewsid=18937

73 EMC The planned amendments to the Law on Health contain risks of human rights violations May 20 2020 available httpsemcorggekaproductsemc-dagegmili-sakanonmdeblo-tsvlilebebi-adamianis-uflebebis-darghvevis-riskebs-sheitsavs

16

Any delegation of authority which involves a restriction of rights should be clearly set out in legislation stating the nature content purpose and size of the interference with the rights in question According to the Constitutional Court of Georgia the more severe the interference with the fundamental right the more detail should be given as to the permissible grounds for interfering with the right These fundamental principles are absent in the amended legislation74

As a fundamental legal principle any delegated legislation (for example statutory orders statutory instruments by-laws or regulations) created by a delegated body should comply with an Act of Parliament or primary legislation Put simply delegated legislation cannot trump take priority over or contradict primary legislation Civil society organisations contend that the amendments to the public health legislation are unconstitutional on the basis that the delegated legislation in and of itself allows for a restriction of human rights To that end the Georgian Young Lawyers Association (GYLA) is currently litigating a case before the Constitutional Court of Georgia on this issue75

IV PENALTIES FOR VIOLATING RESTRICTIONS

The imposition of any penalties for the violation of lockdown measures should respect human rights principles of proportionality impartiality and non-discrimination

Violations of the restrictive measures fall under existing criminal and administrative enforcement regimes Data from the Ministry of Internal Affairs shows a total of 8737 administrative violations in the sum of 26 463 000 GEL (7 404 557 EUR) during the period of the state of emergency 8716 individuals and 21 legal entities were fined under the legislation The penalties were incurred for violating a range of regulations including curfew violations breaches of the transportation or travel rules or leaving the quarantine area76

In terms of the penalty regime the Georgian authorities have been criticised for failing to take account of the economic and financial hardship facing many Georgian citizens during the pandemic In particular civil society organisations have expressed concerns at the excessive level of fines imposed as compared to the average wage in the country77 In light of this the third sector has called on the government to write off the fines imposed on the population during the state of emergency Guram Imnadze Director of the Justice and Democracy Program at Human Rights and Monitoring Center (EMC) noted that ldquoEven

74 GDI ISFED and HRC call the Georgian Government and the Parliament of Georgia for timely provision of information to the public on the situation related to Pandemics and the legal situation after July 15 July 2 2020 available at httpsgdigegenewsstatement-02-07-2020page

75 First Channel GYLA has appealed the amendments to the Law on Public Health to the Constitutional Court May 25 2020 available athttps1tvgenewssaia-m-sazogadoebrivi-jandacvis-shesakheb-kanonshi-cvlilebebi-sakonstitucio-sasamartloshi-gaasachivra

76 The fact of self-isolation or leaving the quarantine space 382 people were transferred to the quarantine area and 144 people were fined Violation of passenger transportation or travel rules 1 406 individuals were fined Transportation by car 430 individuals were fined Insecurity of more than three persons or a distance of 2 meters at the facility and non-use of a towel 1850 individuals were fined Violation of the curfew 4 820 individuals were fined Movement without an identity document 27 individuals were fined The fact of activities prohibited by the legal entity in an emergency mode 21 legal entities were fined Ind Fact of activity prohibited by the entrepreneur 39 natural persons (Individual entrepreneur) were fined See at The Government of Georgia Report on Measures Implemented by the Government of Georgia against COVID-19 p pp 34-35 available at httpsstopcovgeContentfilesCOVID_RESPONSE_REPORT__ENGpdf

77 OSCE Human Dimension Commitments and State Responses to the COVID-19 Pandemic the OSCE Office for Democratic Institutions and Human Rights (ODIHR) p28 available at httpswwwosceorgodihrhuman-rights-states-of-emergency-COVID19

17

though it is difficult to assess the proportionality and constitutionality of the fines they have often been used against the most vulnerable socio-economic strata Against this background when the socio-economic situation is already difficult it may be reasonable to write off these finesrdquo78

There have also been reports that fines have been imposed in a selective manner as in the case of the Georgian Orthodox Church ( further GOC)79 The GOC is the countryrsquos largest religious organisation and most trusted institution and has refused to comply with the state of emergency measures imposed by the authorities For instance the GOC failed to cancel religious services despite public health guidance from the authorities During the reporting period the government failed to apply the emergency restrictions to the GOC to the same extent as it did with other groups of the population80

There were also reports of excessive abuses by police powers during the lockdown period As of 10 April 2020 the State Inspectorrsquos Office was conducting three separate investigations into possible violations of official powers by law enforcement officers during the curfew under Article 333(3)(b) of the Criminal Code The alleged incidents took place in Batumi Chiatura and Poti from 2 to 10 April 202081

D Human Rights Implications of the Georgian Authoritiesrsquo Response to COVID-19

I RIGHT TO LIBERTY AND FREEDOM OF MOVEMENT

Under international human rights law states should only deprive persons of their liberty as a measure of last resort on the grounds that are established by law and with appropriate procedural safeguards in place Any deprivation of liberty must be reasonable necessary and proportionate in the circumstances even in a state of emergency82 According to the UN Human Rights Committee the concept of deprivation of liberty involves ldquomore severe restriction of motion within a narrower space than mere interference with the liberty of movementrdquo83 Examples include police custody house arrest or administrative detention The distinction between deprivation of liberty and restriction of movement is one of degree or intensity and not one of nature or substance84 Further fundamental guarantees against arbitrary detention are

78 Formula News The Third Sector calls on the government to annul the fines May 23 2020 available at httpsformulanewsgeNews29344

79 Maisuradze G A Pandemic and the Uncompleted Project of Georgian Statehood May 21 2020 available at httpsgeboellorgen20200521pandemic-and-uncompleted-project-georgian-statehood

80 Civilge Georgian Orthodox Church Defies Some Emergency Rules amid Coronavirus Pandemic March 22 2020 available at httpscivilgearchives343699 See also Maisuradze G A Pandemic and the Uncompleted Project of Georgian Statehood May 21 2020 available at httpsgeboellorgen20200521pandemic-and-uncompleted-project-georgian-statehood

81 Radio Liberty Fines over GEL 9 million - who and how is fined April 10 2020 httpswwwradiotavisuplebageaმილიონ-ლარზე-მეტის-ჯარიმები---ვის-და-როგორ-აჯარიმებენ-30546695html Radio Liberty Do law enforcement officers violate human rights during curfew April 10 2020 at httpswwwradiotavisuplebageaარღვევენ-თუ-სამართალდამცავები-ადამიანის-უფლებებს-კომენდანტის-საათის-დროს-30546345html see also httpswwwradiotavisuplebagea30546499html

82 Article 9 of ICCPR Article 5 of the ECHR83 The Human Rights Committee General Comment 35 on Article 9 available at httpswwwohchrorgEN

NewsEventsPagesDisplayNewsaspxNewsID=15236ampLangID=E 84 De Tommaso v Italy [GC] no 4339509 February 23 2017 para 80 also Guzzardi v Italy ECtHR no 736776

November 6 1980 para 93

18

considered to be non-derogable and absolute85 Under the ECHR a state may restrict the right to liberty and limit freedom of movement on the grounds of public health86

In light of the public health crisis the Georgian government sought to derogate from its international human rights obligations under the right to liberty and security (Article 5 (ECHR) and Article 9 (ICCPR)) as well as the right to freedom of movement Article 2 of the Protocol 4 to the ECHR and Article 12 of the ICCPR87 It is unclear however from the derogation notifications submitted by Georgia to what extent the right to liberty and security has been restricted or suspended and whether the emergency measures impact upon the fundamental guarantees against arbitrary detention which should still be respected even though they have sought to derogate from this right88

Social distancing has been identified as one of the most effective ways to prevent the spread of the virus For this reason the right to freedom of movement has been most impacted by the onset of the pandemic Restrictions on freedom of movement introduced by the Government of Georgia in response to COVID-19 are largely in line with the restrictions imposed by governments across the globe The containment measures (see section A) were aimed at halting the spread of the virus by reducing the frequency of contact between individuals and preventing concentrations of large groups of people in small or confined areas

There are ongoing concerns as to whether the emergency measures will remain in place beyond the immediate public health crisis As of 24 July 2020 the number of infections remain very low however it remains to be seen whether in the coming months the restrictions imposed are proportionate to the legitimate aim of protecting public health As noted earlier Parliament authorised the government to impose certain restrictions without declaring a state of emergency by adopting Article 45 to the Law of Georgia on Public Health 3 The law will remain in force until the end of 2020 and ldquonormalizesrdquo the state of emergency as it gives unlimited power to the executive branch without providing adequate judicial or parliamentary oversight

It is important to note that restrictions on freedom of movement have had a disproportionate effect on certain vulnerable groups including the homeless Roma and others who rely on freedom of movement to realise their rights (eg people living with disabilities people living on the territories of Abkhazia and South Ossetia) It is incumbent on the government to ensure that the particular needs of these groups and individuals are met through special measures and are treated in line with international human rights standards

85 CCPR General comment no 35 on Art 9 (Liberty and security of person) paras 66ndash6786 ECHR Article 5(1)(e)- right to liberty and security Freedom of movement ndash Protocol No 4 Article 2(3)87 Declarations and Reservations from the International Covenant on Civil and Political Rights (ICCPR) available at

httpstreatiesunorgPagesViewDetailsaspxchapter=4ampclang=_enampmtdsg_no=IV-4ampsrc=INDEndDec Georgia Notification under Article 4(3) 1 of the ICCPR CN3142020TREATIES-IV4 (Depositary Notification) full text available at httpstreatiesunorgdocPublicationCN2020CN3142020-Engpdf Georgia Reservations and Declarations for Treaty No005 - Convention for the Protection of Human Rights and Fundamental Freedoms httpswwwcoeintenwebconventionsfull-list -conventionstreaty005declarationsp_auth=maUU0ZbTamp_coeconventions_WAR_coeconventionsportlet_enVigueur=falseamp_coeconventions_WAR_coeconventionsportlet_searchBy=stateamp _coeconventions _WAR _coeconventionspor tlet _codePays=GEOamp _coeconventions _WAR _coeconventionsportlet_codeNature=10


19

The central and local authorities ceased to provide critical public services during the reporting period a measure which had an adverse impact on the wider population in terms of accessing vital services such as public transport89

The government was criticized for the complete abolition of public transport during the state of emergency as it would have been possible to keep a small portion of the cityrsquos buses in use as recommended by specialists in this field90 In such cases public transport would have run on existing or modified lines where passengers would only be allowed to enter with the required permits91 Such measures would have enabled residents to undertake important daily tasks around the city92

In addition the Public Defender of Georgia noted the adverse impact of the cancellation of transport services on medical patients requiring critical care services such as dialysis kidney transplants or Hepatitis-C treatment (approximately 2 500 in the state kidney transplant programme and 71 169 in the Hepatitis-C elimination programme as at February 2020) The cancellation of these services has had serious ramifications93 In particular the Public Defender noted that the situation was even more acute for individuals receiving regular care ie on average three times a week given the large distances involved to travel to medical facilities from home The Public Defender called for special attention to be given to the needs of citizens living in the occupied territories to ensure their unhindered access to medical care and treatment94

II RIGHT TO A FAIR TRIAL

Under international human rights law the principles of legality and the rule of law require that the fundamental guarantees of a fair trial are respected even during a state of emergency The right to a fair trial is a general norm of customary international law and is provided for in both international and regional human rights treaties95 Both instruments provide a full range of rights and guarantees applicable to both criminal and non-criminal proceedings Only a court of law may try and convict a person for a criminal offence and the presumption of innocence must be respected The UN Human Rights Committee in its General Comment 32 states that ldquoin order to protect non-derogable rights the right to take proceedings before a court to enable the court to decide without delay on the lawfulness of detention must not be diminished by a State partyrsquos decision to derogate from the Covenantrdquo96

The use of remote technology has been enhanced to respond to the challenges posed by the pandemic and to ensure that the wheels of justice continue to turn On 13 March 2020 prior to the declaration

89 Gogishvili D Local face of the global crisis Tbilisi and other cities of Georgia during the pandemic May 4 2020 available at httpsgeboellorgka20200504globaluri-krizisis-adgilobrivi-sakhe-tbilisi-da-sakartvelos-skhva-kalakebi-pandemiis

90 Chakrabarti S amp Hong A (2020) Keep cities moving during the global COVID-19 pandemic Thomson Reuters Foundation httpsnewstrustorgitem20200427112438-npvbo

91 Ali S H amp Keil R (Eds) (2008) Networked Disease Emerging infections in the global city Wiley-Blackwell 92 Gogishvili D Local face of the global crisis Tbilisi and other cities of Georgia during the pandemic May 4

2020 available at httpsgeboellorgka20200504globaluri-krizisis-adgilobrivi-sakhe-tbilisi-da-sakartvelos-skhva-kalakebi-pandemiis

93 Imedi News Ombudsman Homeless people are deprived of the ability to meet the requirements of the state of emergency April 6 2020 available at httpsimedinewsgegesazogadoeba135312ombudsmeni-usakhlkaroebi-sagangebo-mdgomareobis-parglebshi-arsebuli-motkhovnebis-shesrulebis-shesadzleblobas-moklebulni-arian

94 Ibid95 ECHR Article 6 ICCPR Article 14 96 HRC GC 29 para 16 GC 35 paras 64-67

20

of a state of emergency the High Council of Justice (HCOJ)97 adopted recommendations to prevent the spread of the COVID-19 within the court complex98 The Georgian judicial system managed to transition to remote hearings in a timely manner99 Article 7 of the Presidential decree issued on 21 March 2020 states that ldquoCourt hearings provided for by the criminal procedure legislation of Georgia may be conducted remotely by means of electronic communication If a court hearing is conducted in the said manner no person participating in a court hearing shall have the right to refuse the conduct of the court hearing remotely on the grounds of being willing to physically attendrdquo100

Following the lifting of the state of emergency on 23 May 2020 remote hearings have been governed by a new legislative regime Most importantly criminal proceedings will be heard remotely until 1 January 2021101 In addition an Order of the Chairperson of the Tbilisi City Court (dated 16 March 2020) gives judges discretion to conduct first instance hearings remotely as well The Order expired on 10 June 2020 and a subsequent order was issued by the Chairperson of the Tbilisi City Court102 According to the new Order judges have been asked to prioritise written and remote proceedings where possible103 The OSCE has commended as good practice a clear legal framework for the use of remote hearings and clarity as to judicial discretion to use such hearings104 According to the Secretary of the High Council of Justice as of 15 July 2020 more than 16900 hearings have been held remotely105

Public Hearings

The principle of lsquoopen courtrsquo whereby the media civil society and the general public may attend is fundamental to a fair trial Such measures are important for transparency accountability and the wider rule of law It is also a critical safeguard to ensure the protection of litigants and the fair treatment of the defendant before the court106

97 HCOJ is an independent organ created to co-ordinate the judiciary system and to promote the effectiveness and independence of the judiciary Main functions of HCOJ are organisation of qualification exams of judges selection and appointment of judges of trial and appellate courts disciplinary proceedings legislative drafting and analytical work quality management and relationship with the public See more at httphcojgovgeenaboutmission

98 Recommendations by the High Council of Justice (HCOJ to prevent the spread of the Novel Coronavirus March 13 2020 available at httphcojgovgefilesnewsRecommendationsper cent20forper cent20preventingper cent20theper cent20spreadper cent20ofper cent20Coronaviruspdf

99 GYLA The Court During the Pandemic Special Court Monitoring Period March - June 2020 Available at httpewmi-prologorgimagesfiles1342GYLACourtduringPandemicpdf

100 President of Georgia Decree No 1 On Measures to be Implemented in connection with the Declaration of a State of Emergency throughout the Whole Territory of Georgia March 21 2020 available at httpsmatsnegovgeendocumentview4830372publication=0

101 Article 3325 of the Criminal Procedure Code of Georgia available at httpsmatsnegovgekadocumentview90034publication=122

102 The Chair of the Tbilisi City Court Order N17 June 10 2020 available at httpstaticcourtgeUploadseditorfiles24c914e2_თავმჯდომარისბრძანებაpdf

103 Ibid104 OSCE Office for Democratic Institutions and Human Rights (ODIHR) OSCE Human Dimension Commitments

and State Responses to the COVID-19 Pandemic the OSCE Office for Democratic Institutions and Human Rights (ODIHR) p 124 available at httpswwwosceorgodihrhuman-rights-states-of-emergency-COVID19

105 Rights Georgia Effectiveness of E-Justice during Pandemic (Evaluation Report) July 2020 p 4 httpsarticle42gemedia10014472020081247c755bb8ba98d2eca24083472b1c602pdf

106 Ibid

21

In Georgia defendantsrsquo rights to a fair trial and of the public to attend hearings were repeatedly violated during the reporting period107 From March to May 2020 access to the court proved problematic with members of the public being excluded from remote hearings108 Georgian law makes clear provision for open court hearings with limited exceptions as well as audio and video recordings of the trial109 The legislation does not provide for any exceptions to this rule110

The Georgian Young Lawyers Association (GYLA) in its report ldquoThe Court During the Pandemicrdquo notes that processes to monitor the judiciary are not uniform in their approach Since May 2020 the GYLA has monitored online court proceedings at Tbilisi City Court and at Zugdidi District Court (as from June 2020) Other courts (Batumi Kutaisi Telavi and Rustavi) refused to allow monitors to attend remote trials on the grounds that their participation might cause technical issues111

The effectiveness and accessibility of the E-Court system

Since May 2020 the NGO Rights Georgia has monitored the effectiveness and accessibility of the E-Court system during the lockdown period from April to July 2020112According to their report113 Rights Georgia identified a number of shortfalls in the area of access to justice including the failure of courts to accept documentation in e-format logistical challenges in physically submitting court documents and practical difficulties for legal representatives to print sign and scan documents over to the court due to lack of printing facilities at home 114

Problems in the conduct of case hearings

The monitoring found the following issues with the administration of justice during the pandemic lsquoSlow justicersquo was reported as civil and administrative trials were postponed Also the use of simultaneous translation of proceedings slowed down cases Parties to the proceedings did not always have access to up to date technology and sufficiently fast internet connections There were problems reported as the physical inspection of material evidence was virtually impossible during virtual hearings and it was difficult to assess the quality of video evidence remotely

Appeal hearings were also reported to have stalled because of lack of trial deadlines and a desire not to overload the video conferencing systems in detention facilities Capacity is limited for e-hearings as not all courtrooms are equipped with the necessary technology thus leading to significant delays Another

107 Institute for Development and Freedom of Information ldquoRule of law and HR during the COVID-19 Crisisrdquo May 2020 available at httpsidfigepublicuploadCOVIDrule_of_law_and_human_rights_during_COVID_19pdf


109 Article 13 Law on Common Courts available at httpsmatsnegovgekadocumentview90676publication=40 110 Rights Georgia Monitoring Effectiveness and Accessibility of the E-Court Preliminary Reportrdquo 2020 https

article42gemedia100144720200608dc87cbcbdc7ad3871db5f2c06b0242fcpdf 111 GYLA The Court During the Pandemic Special Court Monitoring Period March - June 2020 p9 Available at http

ewmi-prologorgimagesfiles1342GYLACourtduringPandemicpdf Coalition for Independent and Transparent Judiciary ldquo Statement on the Closure of Court Hearings in Common Courts of Georgia and Other Related Problems under the State of Emergencyrdquo httpwwwcoalitiongeindexphparticle_id=243ampclang=1

112 Rights Georgia Monitoring Effectiveness and Accessibility of the E-Court - Preliminary Report May 2020 available athttpsarticle42geenmedianewsarticle82799

113 Rights Georgia Effectiveness of E-Justice during Pandemic (Evaluation Report) July 2020 httpsarticle42gemedia10014472020081247c755bb8ba98d2eca24083472b1c602pdf

114 Ibid

22

challenge is that of conducting in camera hearings as access of third parties to the courtroom cannot be monitored115

Quality of electronic communication (voice and video)

The report also identified a number of challenges in relation to the quality of electronic communications In particular the report noted issues around poor internet quality at penitentiary institutions and difficulties in recording and saving videos 116

Interrogation of witnesses

There remain ongoing challenges in relation to the management of witness evidence during remote proceedings Lawyers have raised concerns about the ethical issues relating to the remote interrogation of witnesses as they cannot observe the body language of witnesses or observe physical cues Moreover witnesses cannot be identified easily via remote proceedings and usual the practice of physical corroboration is absent in remote hearings Finally there may be risks of adverse interference with witnesses during questioning particularly if the connection is disrupted 117

Due to the lack of video conferencing rooms in penitentiary institutions it is not often possible to connect with the defendants in a timely manner

Consultation between defendant and lawyer during the trial

International human rights standards provide for the right of criminal suspects to communicate in private with counsel and ldquoin conditions that fully respect the confidentiality of their communicationsrdquo118 The report identifies difficulties for counsel to hold legal conferences with clients during remote hearings In some cases legal counsel have been able to consult with their client through an electronic link but such communication is not secure or protected119

In conclusion reporting suggests that there are shortfalls in terms of the right to a fair trial The postponement of proceedings in the courts have exacerbated the problem of delay of cases while the malfunction of the technological infrastructure during the electronic review of cases pose a risk of violation of the right to a fair trial

III PRISONS AND OTHER PLACES OF DETENTION

States have a particular duty of care to safeguard the lives and well-being of persons in their custody120 People in prison are at particularly high risk of contracting COVID-19 given the closed setting and their

115 The Court During the Pandemic Special Court Monitoring Period March - June 2020 GYLA pp 22-23 Available at httpewmi-prologorgimagesfiles1342GYLACourtduringPandemicpdf

116 Monitoring Effectiveness and Accessibility of the E-Court - Preliminary Report Rights Georgia May 2020 p 2 available at httpsarticle42geenmedianewsarticle82799

117 Rights Georgia Monitoring Effectiveness and Accessibility of the E-Court - Preliminary Report May 2020 p 3 also Intermidiate Report p3 see also GYLA The Court During the Pandemic Special Court Monitoring Period March - June 2020 pp 19-20 available at httpewmi-prologorgimagesfiles1342GYLACourtduringPandemicpdf

118 Human Rights Committee General Comment 32 on Art 14 ICCPR para 39 CCPRCGC32 23 August 2007119 Rights Georgia Preliminary Report pp 3-4 See also GYLA p 10 p 26120 Council of Europe ldquoGuide to Article 2 of the European Convention on Human Rights Right to Liferdquo April 30 2020

paras 50-54 available at httpswwwechrcoeintDocumentsGuide_Art_2_ENGpdf

23

overwhelming poor health which is exacerbated by poor hygiene lack of outdoor exercise and nutritious food A failure to take necessary steps to protect people in prison the vulnerable and frontline workers from unnecessary deaths and suffering may violate the right to life121 andor the prohibition on inhuman treatment122 under the European Convention of Human Rights

There is a robust legal framework protecting the rights of people in prison ndash most importantly the UN Standard Minimum Rules for the Treatment of Prisoners (lsquothe Nelson Mandela Rulesrsquo) a set of non-binding standards which lay out a minimum universal standard for the treatment of people in prison123 These rules (some 122 in total) govern every aspect of a prisonerrsquos life and are firmly grounded in principles of compassion and dignity Further the treatment of people in prison and detainees under international law is governed by a large number of international and regional human rights treaties124

Prior to the introduction of the state of emergency special restrictive conditionsmeasures were imposed in penitentiary institutions from 5 March to 3 April 2020 The measures included a suspension of family visits to both remand and convicted prisoners as well as long and short-term visits outside the institutions These visits were subsequently suspended by Presidential decree125 Since 16 March 2020 and in lieu of family visits people in prison have been permitted 15-minute phone calls to their families free of charge In emergency cases visits are conducted behind a glass barrier and the use of personal protective equipment for visitors is mandatory All external visitors such as investigators advocates prosecutors experts are required to wear protective equipment whilst entering the PEs126

New arrivals (both remand and convicted) have been placed in isolation from the wider prison population as a protective measure Special blocksbuildingsspaces (so-called ldquoquarantine zonesrdquo) have been designated for the ldquonewcomer prisonersrdquo where they remain for 21 days The new arrivals are subsequently transferred to the wider population if they pass all the medical requirements127

As from 12 March 2020 people serving a suspended sentence were relieved from their reporting obligations at probation offices for a period of one month These measures were extended on 17 April 2020 except for domestic violence cases which required in-person reporting at probation offices128

The Standing Commission a body which deals with the management of conditional sentences and removal of convictions has met by video conference Since 24 March 2020 people in prison have not been allowed to appear before the courts in person and only through remote hearings

121 European Convention on Human Rights 1950 Article 2 available at httpswwwechrcoeintDocuments20Convention_ENGpdf


123 The UN Mandela Rules ndash httpswwwunodcorgdocumentsjustice-and-prison-reformNelson_Mandela_Rules-E-ebookpdf

124 Articles 7 amp 10 of the ICCPR UN Convention against Torture125 President of Georgia Decree No 1 On Measures to be Implemented in connection with the Declaration of a State

of Emergency throughout the Whole Territory of Georgia March 21 2020 Tbilisi available at httpsmatsnegovgeendocumentview4830372publication=0

126 EuroPris on ldquoMeasures taken by the Ministry of Justice of Georgia and the Special Penitentiary Service for the Prevention of Spreading COVID-19 in Georgian PEsrdquo httpswwweuroprisorgwp- contentuploads202003Info_for_EUROPRIS_Georgia-_MOJ_SPS_COVID-19pdf

127 Ibid 128 The Government of Georgia Report on Measures Implemented by the Government of Georgia against COVID_19

p 38 available at httpsstopcovgeContentfilesCOVID_RESPONSE_REPORT__ENGpdf

24

As from 13 March 2020 medical examinations at prisons have taken place at the makeshift medical stations outside the prison facility Individuals with suspected COVID-19 symptoms are taken to a civilian clinic Since 20 March 2020 staff and all visitors to the penitentiary institutions have been given medical check-up including thermal screening and a general epidemiological anamnesis 129

On 29 March 2020 the Minister of Justice Tea Tsulukiani implemented special measures to prevent the wider transmission of the virus in prisons Under these measures 780 correctional officers were selected on a voluntary basis to live within the prison estate for the duration of the state of emergency130

Whilst the Minister of Justice confirmed that such measures did not amount to a deprivation of liberty and incursion on the rights and freedoms of the correctional staff they do raise concerns about impact upon the mental wellbeing of correctional staff given the difficult employment conditions and complete isolation from their family131

National Preventive Mechanism

Regular National Preventive Mechanisms (NPM) visits ordinarily undertaken by the Public Defenderrsquos Office of Georgia were postponed during the reporting period The NPM adopted a new working model which incorporated appropriate social distancing measures and once certain criteria had been satisfied (including safety of monitoring) visits to facilities and quarantined individuals resumed132 The state of emergency does not suspend or limit the powers of the Public Defender

Between 13 March and 6 May 2020 the NPM undertook 21 visits to nine penitentiary establishments in Tbilisi Rustavi Kutaisi and Batumi with a total of 103 prisoners interviews133 Based on the monitoring findings the Special Preventive Group positively evaluated the steps taken by the Special Penitentiary Service to prevent the spread of COVID-19 within the prison estate134

Detention conditions and medical services

Following ad hoc visit to the Penitentiary Establishment No 17 on 30 April 2020 1 May 2020 and 7 May 2020 the Public Defender noted that the size of the facility and overcrowded cells presented a risk to managing the pandemic within the institution The Public Defender noted the failure of the authorities to guarantee people in prison four square meters of personal space as legally required As a result it was impossible to implement social distancing and protective health measures in cells The Public Defender recommended the reduction of a number of people in prison as a means to prevent

129 Ibid pp 37-38 130 Ibid131 Curro C Living in prison Responses to COVID-19 in Georgiarsquos penal system and implications for how we think

about the lsquoinsidersquo and the lsquooutsidersquo April 20 2020 available at httpsblogshelsinkifigulagechoes20200420living-in-prison-responses-to-COVID-19-in-georgias-penal-system-and-implications-for-how-we-think-about-the-inside-and-the-outside

132 The Public Defender of Georgia Information on human rights standards during a pandemicepidemic available at httpombudsmangeresdocs2020031720023331997pdf

133 Public Defender of Georgia Visits of Public Defender and Special Preventive Group to Penitentiary Establishments May 6 2020 available at httpwwwombudsmangeengakhali-ambebisakhalkho-damtsvelisa-da-spetsialuri-preventsiuli-jgufis-viziti-penitentsiur-datsesebulebebshi

134 Public Defender of Georgia Report on Ad Hoc Monitoring at Establishment No 17 June 10 2020 available at httpwwwombudsmangeengakhali-ambebisakhalkho-damtsvelis-angarishi-n17-datsesebulebashi-gankhortsielebuli-sagangebo-monitoringis-taobaze

25

the spread of the pandemic to protect the rights of detainees and to facilitate the functioning of the establishment 135

The UN Mandela Rules provide detailed rules on the provision of health care services in prison136 The rules are very detailed and cover all aspects of health care and make clear that the provision of health care for people in prison is a state responsibility137 Moreover people in prison should be afforded the same standards of health care that are available in the community138 The introduction of special conditions in penitentiary establishments (such as in Establishment No 17) saw a reduction in the provision of standard medical care during the reporting period and in some cases the cancellation of doctorsrsquo visits139 The reduction of medical staff and in particular of nurses put the provision of timely and adequate medical care at stake140

IV FREEDOM OF EXPRESSIONACCESS TO INFORMATION

The right to freedom of expression is enshrined in international and regional human rights instruments and is central to any free society141 It is broad in scope and includes the right to seek receive and impart information and ideas of all kinds regardless of frontiers and through any media channels It applies to everyone everywhere and may only be limited subject to narrow restrictions including on public health grounds142 Any restrictions should be lawful proportionate and necessary in a democratic society

During the pandemic it is vital that governments provide credible information about the nature of the threat posed by COVID-19 such information should be provided in an accessible manner and in relevant ethnic minority languages The dissemination of false information about the pandemic could lead to health concerns panic and disorder Thus it is essential that governments and internet companies manage the risk of disinformation in the first instance by themselves providing reliable information 143

The government of Georgia and the Interagency Coordination Council144 took measures to ensure the dissemination of accurate public health information related to COVID-19

middot Since its creation the Council has held daily media briefings during which relevant field experts ministers and the Prime Minister answered reportersrsquo questions live The public has been regularly informed about current and future measures

middot Public health information was published on a dedicated government website wwwStopCovge website which became the key source on COVID-19 infections The website included information

135 Public Defender of Georgia Public Defenderrsquos Report on Ad Hoc Monitoring at Establishment No 17 June 10 2020 available at httpwwwombudsmangeengakhali-ambebisakhalkho-damtsvelis-angarishi-n17-datsesebulebashi-gankhortsielebuli-sagangebo-monitoringis-taobaze

136 UN Mandela Rules 24 - 35137 UN Mandela Rules 241 138 UN Mandela Rules 241139 Ibid140 Ibid141 Article 10 ECHR Article 19 UDHR 142 Article 10 (2) ECHR 143 The monitors for freedom of expression and freedom of the media for the United Nations the Inter-American

Commission for Human Rights and the Representative on Freedom of the Media of the Organisation for Security and Co-operation in Europe Joint Statement March 19 2020 available at httpswwwohchrorgENNewsEventsPagesDisplayNewsaspxNewsID=25729

144 See above at p 10

26

and recommendations from international health bodies including WHO and the National Center for Disease Control and Public Health in Georgia Information on the StopCovge website is accessible in Georgian Abkhazian Ossetian English Armenian and Azeri languages

middot The Georgian governmentrsquos unified hotline ndash 144 provided information on COVID-19 related issues for 247145

middot All COVID-19 related legislation is publicly available on the StopCovge website

middot The general population was provided with regular updates by SMS including in minority languages

middot A formal communication channel in Georgian and English was created on the ldquoTelegramrdquo platform

middot Government press spokespersons from each department regularly updated the media

middot Owing to the joint efforts of the Ministry of Foreign Affairs of Georgia and National Center for Disease Control Georgian citizens overseas were able to access online consultation with infectious disease specialists146

Access to information for ethnic minority groups

Due to the poor state education system knowledge of Georgian is considerably low in the regions densely populated by ethnic minorities According to various data ethnic minorities make up 65 per cent on average in these areas147 There remain ongoing accessibility issues for ethnic minorities as information is not disseminated widely to them by either the Georgian Public Broadcaster or private broadcasters148 The inclusion of information in minority languages on the StopCoVge website should be seen as a positive development However the broadcast media has not been as inclusive and information in Azerbaijani and Armenian is broadcast for no longer than 10 minutes in total on national television Channel 1rsquos ldquoPersonal Doctorrdquo transmits daily medical advice on COVID-19 but this information is not translated into any minority languages149

Minority communities in the Marneuli and Bolnisi municipalities were particularly affected by the pandemic with little or no access to information in conjunction with the lock down of local municipalities Unfortunately the State failed to take positive measures in these regions to provide and disseminate relevant public health information particularly on the importance of social distancing measures150 Minority communities have also been subject to hate-speech and discrimination Considering the prevalence of

145 Georgia Today Govrsquot Hotline 144 Set Up to Inform Citizens on State of Emergency 30 March 2020 available at httpgeorgiatodaygenews20314Govtper centE2per cent80per cent99-Hotline-144-Set-Up-to-Inform-Citizens-on-State-of-Emergency

146 The Government of Georgia Report on Measures Implemented by the Government of Georgia against COVID_19 pp 41-21 available at httpsstopcovgeContentfilesCOVID_RESPONSE_REPORT__ENGpdf

147 Public organisations urge Government and Media to consider ethnic minority languages in their information policies March 23 2020 available at httpsemcorggeenproductssazogadoebrivi-organizatsiebi-sakhelmtsifosa-da-media-organizatsiebs-etnikuri-umtsiresobebis-enebis-sainformatsio-politikashi-gatvalistsinebisken--moutsodebenfbclid=IwAR2InUFHNy-Nvh-qrDx-MdrT3andWrMzDgrt3PJ9AR-dL0Oap__foq3ukzM

148 EMC addresses the Public Broadcaster of Georgia April 03 2020 available at httpsemcorggekaproductsemc-sakar tvelos-sazogadoebriv-mautsqebels-mimartavs fbclid=IwAR16UdqQUjMC5So6CCkK7UstF48gP_VVZCEwyi2sK1V5v9t2sCDYwu3adCo

149 Ibid 150 Public organisations urge Government and Media to consider ethnic minority languages in their information

policies March 23 2020 available at httpsemcorggeenproductssazogadoebrivi-organizatsiebi-sakhelmtsifosa-da-media-organizatsiebs-etnikuri-umtsiresobebis-enebis-sainformatsio-politikashi-gatvalistsinebisken--moutsodebenfbclid=IwAR2InUFHNy-Nvh-qrDx-MdrT3andWrMzDgrt3PJ9AR-dL0Oap__foq3ukzM

27

xenophobic attitudes in Georgia civil society organisations have called upon politicians and the media to adopt supportive language151

Disinformation Narratives on COVID-19 in Georgia

As the international crisis unfolded Russiarsquos campaign to spread disinformation and attack democratic institutions intensified This campaign was divisive in its nature and tried to use social media in a malevolent way through spreading false news or inaccurate information152 The Russian authorities have sought to undermine public trust and confidence in the Georgian authoritiesrsquo attempts to combat the virus In one instance members of a Facebook group encouraged others to go to church and chastised those people who observed social distancing rules as traitors to Christianity153

The Lugar Laboratory near Tbilisi has been targeted by Russian propaganda for years Since the onset of the pandemic in Georgia the laboratory has been at the forefront of identifying COVID-19 cases alongside the National Center for Disease Control Nevertheless pro-Russian media continues to circulate conspiracy theories about the Lugar Centre154 In fact the pandemic has highlighted the importance of the Lugar Laboratory which has played a critical role in the swift identification of COVID-19 cases155

The Georgian Ministry of Foreign Affairs has called on the Russian government to ldquorefrain from provocative statementsrdquo and ldquodisinformationrdquo against the Center for Public Health Research located near Tbilisi ldquoThe disinformation campaign by Russia is an open attack on Georgian health policy and state securityrdquo said an official at the Ministry156 Further the ministry called on Russia to comply with its obligations and withdraw its troops from Georgia The Ministry also urged the international community to give due consideration to Russiarsquos actions in Georgia and ldquotake genuine steps to make Russia suspend its frequent attacks against Georgiardquo157

V FREEDOM OF ASSEMBLY AND ASSOCIATION

The right to freedom of peaceful assembly and association sit at the foundation of a democratic society and are contained in international and regional human rights instruments158 Under international human rights law the government may restrict the right where it is ldquonecessary in a democratic societyrdquo and on limited grounds (including the protection of public health)159 Any restrictions must be proportionate time limited lawful and subject to review nor may measures be arbitrary or discriminatory These factors must be assessed in accordance with the circumstances of the particular case As a general rule peaceful protesters should not be subjected to violence humiliation or criminal prosecution160

151 Ibid 152 Factcheck Russian Propaganda and the Novel Coronavirus March 30 2020 available at httpsfactcheckgeen

story38406-russian-propaganda-and-the-novel-coronavirus 153 ISFED Kremlinrsquos 10 Disinformation Narratives on COVID_19 in Georgia March 26 2020 available at httpsisfed

geengsotsialuri-mediis-monitoringikremlis-10-dezinformatsia-COVID-19-is-shesakheb-saqartveloshi 154 Factcheck How the Kremlin Exploits the Coronavirus to Circulate Disinformation March 22 2020 available

httpsfactcheckgeenstory38391-how-the-kremlin-exploits-the-coronavirus-to-circulate-disinformation 155 Ibid156 Agendage Georgian MFA Russia doubled its illegal activities in Georgia amid pandemic May 22 2020 available

at httpsagendageennews20201604 157 Ibid 158 Article 11 ECHR Article 21 ICCPR Article 20(1) UDHR Article 11 covers both private meetings and meetings in

public places whether static or in the form of a procession 159 Article 11(2) ECHR 160 Article 11 ECHR httpsechrcoeintPageshomeaspxp=basictextsampc=

28

The right to freedom of assembly was restricted in Georgia under Presidential Decree N1161 Subsequent legislation Government Ordinance No 181 reiterated that until 23 May 2020 ldquoAssemblies andor demonstrations under the Law of Georgia on Assemblies and Demonstrations shall be prohibited for the duration of the state of emergencyrdquo162 Further restrictions were imposed in March 2020 with prohibitions on assemblies of more than 10 people (23 to 31 March 2020) and thereafter gatherings of three people (from 31 March to 18 May 2020) in a ldquopublic spacerdquo ( defined as any indoor or outdoor area unless it was used by individuals for residential purposes) On 23 May 2020 following the end of the state of emergency the government adopted Ordinance No 322 On the Approval of Isolation and Quarantine Rules which established rules on public gatherings The ban on assembliesdemonstrations was lifted on 23 May 2020163

Protests held during State of emergency

Protest in the time of pandemic has become an acutely challenging issue for States as they hastily seek to limit mass gatherings on public health grounds Whilst the public health imperative is a lawful one under international human rights law it nonetheless presents an incursion on this important fundamental freedom

The public sought to exercise their right to peaceful assembly during the state of emergency On 23 April 2020 dozens of members of Georgiarsquos opposition Girchi party and activists rallied in Tbilisi demanding the repeal of the State of Emergency after it was extended by a month The Ministry of Internal Affairs fined Zurab Japaridze- the leader of the political party ldquoGirchirdquo along with 14 activists of the same party 3000 GEL (797 EUR) for breaching regulations under the state of emergency (in accordance with Presidential Decree Article N8) The police arrested three individuals for minor hooliganism related offences and offering resistance to a lawful request of police officers under Articles 166 and 173 under the Code of Administrative Offences164

On 22 April 2020 significant protests were held in the quarantined Marneuli municipality as protesters took to the streets in the village of Shulaveri which had been declared a red zone and placed under strict lockdown since 22 March 2020 The protests were led by farmers calling for an end to lockdown and highlighting the economic hardship that had befallen them as a result of the pandemic Irakli Kobakhidze a ruling party MP and former Parliamentary Speaker denounced the protest as ldquoa crimerdquo claiming it was initiated by the opposition party United National Movement165 By way of response the

161 President of Georgia Decree No 1 On Measures to be Implemented in connection with the Declaration of a State of Emergency throughout the Whole Territory of Georgia March 21 2020 Tbilisi available at httpsmatsnegovgeendocumentview4830372publication=0


163 Ordinance No 322 of the Government of Georgia On the Approval of Isolation and Quarantine Rules 23 May 2020 available at httpsmatsnegovgeendocumentview4877009publication=10

164 Ministry of Internal Affairs of Georgia Statement of April 23 2020 available at httpspolicegeenshinagan-saqmeta-saministros-gantskhadeba13503print=1 see also Georgia Today Party Leader Activists Fined for Holding Rally against Imposed Restrictions April 23 2020 httpgeorgiatodaygenews20790Party-Leaderper cent2C-Activists-Fined-for-Holding-Rally- against-Imposed-Restrictions

165 Civilge Whatrsquos Driving Anti-Lockdown Protests in Marneuli April 23 2020 available at httpscivilgearchives348186 OC Media Farmers in Georgiarsquos Marneuli protest inability to sell crops April 22 2020 available httpsoc-mediaorgfarmers-in-georigas-marneuli-protest-lockdown-measuresfbclid=IwAR0mzckWfd358M0tbo5D7FAZ0Wy5n22M3_1yKV2ksMWVXXjll0_A8EqTXnE Modern Diplomacy Azerbaijanis rally in Georgia April 28 2020 available at httpsmoderndiplomacyeu20200428azerbaijanis-rally-in-georgia

29

government capitulated and gave the farmers permission to drive their private vehicles daily in order to carry out agricultural work See the section ldquoEthnic minority groupsrdquo

Preferential towards the Georgian Orthodox Church

The right to freedom of religion or belief is a fundamental human right and is recognized in both international and regional human rights treaties166 The right allows individuals the freedom to change their religion or belief either alone or in community with others and in public or private to manifest onersquos religion or belief in worship teaching practice and observance Freedom of religion is closely linked to freedom of assembly as it encompasses the internal (Forum Internum) and external (Forum Externum) dimension Every person is free to have the internal dimension and to manifest (the external dimension) the religion or belief he or she desires167 While the right to hold and to change ideas is absolute the right to manifest onersquos religion or beliefs may be limited by domestic law in particular circumstances including on the grounds of public health168

The right of assembly was not afforded equally to all religious groups during the reporting period and in some cases was applied in a discriminatory fashion The right to freedom of religion and belief was not restricted under any Presidential decrees during the reporting period and was and continues to be fully guaranteed under Article 71 of the Georgian Constitution including during a state of emergency The Georgian authorities gave the Georgian Orthodox Church preferential treatment during the reporting period by granting it permission to conduct religious services for the Orthodox Easter despite public health guidance to the contrary Churches welcomed worshippers during Palm Sunday and Easter celebrations In contrast other religious groups voluntarily closed their places of worship during the reporting period

On 15 April 2020 the head of the Muslim community of Georgia Mirtaghi Asadov issued a statement calling for the support of the authorities at the start of Ramadan when mosques would re-open and for equal treatment with the Orthodox Church Two days later Asadov was questioned by the State Security Service of Georgia in connection with an attempt to ldquosabotagerdquo the State169

VI RIGHT TO HEALTH

Article 12 of the International Covenant on Economic Social and Cultural Rights (ICESCR) recognises the right of everyone to the enjoyment of the highest attainable standard of physical and mental health The right to health implies a duty on the State to take steps to prevent treat and control epidemic and endemic diseases These rights must be guaranteed without discrimination of any kind (ICESCR Article 2)

166 Article 18(1) ICCPR Article 9(1) ECHR and Article 18 of the UDHR 167 GYLA Appeal to the Georgian authorities and Religious Associations 2020-03-23 available at httpsgylageen

postmimartva-saqartvelos-khelisuflebas-da-religiur-gaertianebebssthashm7PMwSPH0iJh4WLldpbs168 Murdoch J (2012) Protecting the right to freedom of thought conscience and religion under the European

Convention on Human Rights Council of Europe Handbooks p 17169 Amnesty international Report on ldquoEastern Europe and Central Asia Confronted with COVID_19rdquo available at

httpswwwamnestyorgdownloadDocumentsEUR0122152020ENGLISHPDF

30

The Georgian health service has managed the public health crisis well to date given the comparatively low infection rate in the country moreover the hospitals have not yet reached their limits in terms of patient capacity170

From 26 March 2020 a number of hospitals throughout the country were re-stocked with bedding and resuscitation material as required These so-called Identification of Fever and COVID Management Clinics in Tbilisi and regions (COVID-19 and fever clinics) were fully prepared for the medical supervision of possible COVID-19 cases as well as for the management of suspected andor confirmed cases of COVID-19171

As an initial step several clinics were selected and designated to manage COVID-19 cases in Tbilisi Kutaisi and Batumi A total of 29 COVID-19 clinics were selected in Tbilisi and the regions (both public and private) In total 3279 beds were mobilised across the country to manage the number of patients with COVID-19 and 1050 beds were distributed in 16 fever clinics during the reporting period172

Safety of Medical professionals

In the public health context States need to take particular care to protect healthcare professionals whose very work puts them in a perilous and dangerous situation Medical professionals globally have been at the forefront of the COVID-19 pandemic and as frontline workers are at greater risk of contracting the virus

In response to the pandemic the Ministry of Health implemented training programs for medical staff from February to April 2020 in priority areas including infection prevention and control online counselling in cases of fever management of severe and critical cases of COVID-19 and smear techniques to expand testing capabilities

In order to minimise the risk of infection among medical staff the Ministry of Health introduced a two-week staff rotation scheme at COVID-19 and Fever Clinics As a precautionary measure and in order to prevent the spread of infection in the medical network staff who were employed at COVID-19 and Fever clinics were prohibited from working at other clinics providing standard medical care services According to Ministry of Health data (provided by algorithm) as from April 2020 rapid testing was carried out both on medical staff at the COVID-19 and Fever Clinics and ambulance staff173

However it is notable and indeed worrying that the infection rate among medical professionals in Georgia is relatively high which poses the question to what extent they were adequately prepared and equipped to handle the COVID-19 crisis174 According to various sources the rates of infection among

170 EAP COVID-19 BULLETIN NO 7 ECONOMIC AND SOCIAL IMPACTS June 20 2020 available at https3dcftaseupublicationsCOVID-19-bulletin-no-7-economic-and-social-impacts-of-COVID-19utm_source=Facebook_PicSeeampfbclid=IwAR078YcGWgOWP-SqMgPgbQSbjv8Ruaiq5dh_mR38IVAeqPPMt4ygCaELmzU


pp 34 available at httpsstopcovgeContentfilesCOVID_RESPONSE_REPORT__ENGpdf 173 Ibid p 37174 EAP COVID-19 BULLETIN NO 7 ECONOMIC AND SOCIAL IMPACTS June 20 2020 available at https3dcftas

eupublicationsCOVID-19-bulletin-no-7-economic-and-social-impacts-of-COVID-19utm_source=Facebook_PicSeeampfbclid=IwAR078YcGWgOWP-SqMgPgbQSbjv8Ruaiq5dh_mR38IVAeqPPMt4ygCaELmzU

31

healthcare professionals ranges from 5 to 20 per cent From 30 January to 3 June 2020 COVID-19 infection among health workers amounted to 13 per cent of confirmed cases in Georgia175

Concerns regarding the Health care system

In terms of healthcare the privatisation of the healthcare sector began in 2006 and today 95 per cent of the sector is under private ownership and comprises one of the most unregulated sectors in the country The government has no power to regulate the wages of healthcare professionals or even set a minimum wage and the private sector sees any type of regulation as excessive interference

The privatisation of the healthcare system has been something of a hinderance during the pandemic176 In one case government authorities were unable to undertake renovations at the Infectious Diseases hospital because it was deemed to be private property177

The situation for nurses was particularly challenging during the reporting period as many were required to live and work in clinics for weeks or even months at a time and were unable to return home to see loved ones due to quarantine requirements Nurses are one of the most poorly remunerated professional groups in Georgia according to a 2019 survey almost 87 per cent of nursesrsquo salaries are under 500 GEL (145 EUR) per month This compares starkly to the average salary in the country of over 1300 GEL (375 EUR) per month178 Moreover nurses are not paid overtime and the majority (some 95 per cent) work more than 40 hours per week

The precarious situation for nurses was summed up by one COVID-19 nurse Nana Lazarashvili in an interview with Radio Liberty ldquoIt turns out that I live in a clinic We are very tired Just because yoursquore hungry doesnrsquot mean you can eat You cannot even go to the bathroom at a particular moment Lunch dinner everything is ruined with us Obviously we can only sleep for two or three hoursrdquo179

Many healthcare professionals have faced difficult and dangerous working conditions during the pandemic The World Health Organisation has identified a number of risks for frontline healthcare workers pathogen exposure long working hours psychological distress fatigue occupational burnout and stigma180 The right to health under international human rights law includes the right to safe healthy and decent working conditions which extends both to private and state-run institutions Unfortunately the Georgian authorities have failed to meet their obligations in respect of this issue For instance sanitary workers at the Republican Hospital in Tbilisi have had to work double shifts given the extensive


176 EMC Health policy in times of crisis June 08 2020 available at httpsemcorggekaproductsjandatsvis-politika-krizisis-dros

177 Ipress Director of the Immunology Center Aversi-Pharma does not allow us to repair the Infectious Diseases Hospital 1 March 2020 available at httpsipressgenewimunologiis-tsentris-direqtori-aversi-pharma-ar-gvadzlevs-sashualebas-inpheqtsiur-saavadmqhophoshi-remonti-chavataroth see also Netgazeti Why does an infectious disease hospital not have its own building 2 March 2020 available at httpsnetgazetigenews431105

178 Liberali 846per cent of nurses lsquosalaries are less than 500 GEL - ldquoNursesrsquo working conditions in Georgiardquo February 26 2020 available at httpliberaligenewsview43413eqtnebis-846is-khelfasi-500-larze-naklebia--eqtnebis-shromis-pirobebi-saqartveloshi

179 Radio Liberty Low-paying nurses risk their health in the fight against coronavirus April 30 2020 available at httpswwwradiotavisuplebagea30585383html

180 lsquoWHO calls for healthy safe and decent working conditions for all health workers amidst COVID-19 pandemicrsquo 28 April 2020 - httpswwwwhointnews-roomdetail28-04-2020-who-calls-for-healthy-safe-and-decent-working-conditions-for-all-health-workers-amidst-covid-19-pandemic

32

cleaning required to disinfect the facilities This work is very poorly paid and for a 24-hour shift at the Republican hospital sanitary workers can expect to be paid 32 GEL (9 EUR) they are required to work seven or eight shifts per month

Treatment of COVID-19 patients who have mental health issues

The rights of people living with disabilities are protected under the UN Convention on the Rights of Persons with Disabilities (CRPD) which inter alia imposes a legal obligation on States to protect this group in situations of risk humanitarian emergencies and natural disasters181 Healthcare should be provided on an equivalent basis as the wider community and on a non-discriminatory basis182

Civil society organisations have highlighted the need for policy reform in the area of mental health services including psychiatric institutions COVID-19 has affected people with existing mental health illnesses and in order to address this issue the Ministry of Health and the psychiatric community developed a protocol in March 2020 to treat these individuals183 In a bid to manage the spread of COVID-19 in psychiatric institutions the Deputy Health Minister Tamar Gabunia introduced a policy of treating mental health patients at infectious disease clinics with treatment by an external psychiatrist184

From April until 10 June 2020 there were four incidents in which individuals with mental health issues were alleged to have infected medical professionals In one instance a 45- year-old nurse at the Batumi Infectious Disease hospital was infected with COVID-19 after she assisted a COVID-19 patient with mental health issues This was quickly followed by further allegations that three nurses had been infected by patients with mental health issues at the Bochorishvili Clinic on 9 June 2020185 Such cases by their nature exacerbate the stigma felt by many people living with mental health illness which has been noted by the coalition ldquoMovement for Changerdquo ldquoEmphasising and blaming the patientrsquos mental problems deepens the already existing stigma towards them and encourages unhealthy attitudesrdquo186

The chairperson of the Georgian Psychiatric Association Eka Chkonia highlighted the poor-quality treatment provided to people living with mental health issues ldquoExperience has shown that for doctors these types of patients are an additional burden and prefer to avoid them So in the end these people are left without proper care neither psychiatrists nor doctors of other specialities take care of them Psychiatric hospitals have been closed to patients with COVID-19rdquo187

181 UN Convention on the Rights of Persons with Disabilities - httpswwwunorgdevelopmentdesadisabilitiesconvention-on-the-rights-of-persons-with-disabilitiesconvention-on-the-rights-of-persons-with-disabilities-2html

182 CRPD Articles 5 and 25 183 Recommendations for mental health services with the new coronavirus during the COVID-19 available at https

wwwmohgovgeuploadsfiles2020FailebiDanarti_N21_Rekomendaciebipdf 184 Radio Liberty How are the patients with mental disabilities treated when they got infected by the COVID19

June 10 2020httpswwwradiotavisuplebageaროგორ-მკურნალობენ-კოვიდ-პაციენტებს-რომლებსაც-ფსიქიკური-ჯანმრთელობის-პრობლემები-აქვთ30663662html

185 Ibid186 A Statement of Coalition Movement for Change June 09 2020 available at httpswwwfacebookcom

movement4changesphotosa10109506822777333146069012099212type=3amptheater187 Radio Liberty How are the patients with mental disabilities treated when they got infected by the COVID19

June 10 2020 httpswwwradiotavisuplebageaროგორ-მკურნალობენ-კოვიდ-პაციენტებს-რომლებსაც-ფსიქიკური-ჯანმრთელობის-პრობლემები-აქვთ30663662html

33

VII RIGHT TO HOUSING

The right to housing is given legal recognition in international human rights instruments namely the International Covenant on Economic Social and Cultural Rights (ICESCR) Article 11 (1) of ICESCR calls on States parties to ldquorecognize the right of everyone to an adequate standard of living for himself and his family including adequate food clothing and housing and to the continuous improvement of living conditionsrdquo188 The right includes both the right to adequate housing and to live somewhere in peace security and dignity

Homeless people are at heightened risk of contracting COVID-19 for a number of reasons including lack of access to public health information and practical challenges of adhering to social distancing measures and safe hygiene practices Moreover they are often in poor health suffer from chronic diseases and fail to receive proper medical care which makes them more susceptible to contracting the virus given their lower immunity189

The authorities have taken some measures to support this vulnerable community For instance Tbilisi City Hall operates a shelter located in Lilo for homeless people190 However civil society organisations have highlighted for the problems with the provision of adequate housing and associated services for the homeless Despite the particular severity and scale of this problem there are no national statistics available on homelessness and only 12 municipalities out of 69 have established a system to register homeless people191

The lack of government support for this community is evident in 19 municipalities across the country there are no targeted programs to help homeless people192 Despite the issue of homelessness having been raised by the Public Defender of Georgia who highlighted the problems facing this vulnerable community and the absence of centralised data this group has not featured on the governmentrsquos policy agenda Additionally threats made to the homeless have not been given adequate attention by the authorities or medical professionals and homeless people have not as a group been eligible for proactive testing for COVID-19193

Evictions

The pandemic has made it difficult for people to retain their homes and has led to a series of housing support measures The authorities sought to restrict the activities of the National Bureau of Enforcement

188 See also the Universal Declaration of Human Rights Articles 22-27 ICCPR Article 17 189 Gogishvili D Local face of the global crisis Tbilisi and other cities of Georgia during the pandemic May 04


190 Commersant The City Hall offers shelter to the homeless in Lilo April 30 2020 available at httpscommersantgegepostdedaqalaqis-meria-usaxlkaro-adamianebs-liloshi-mdebare-tavshesafars-stavazobs

191 EMC The State has no information on the number of homeless people January 15 2020 available at httpsemcorggekaproductssakhelmtsifos-usakhlkarota-raodenobis-shesakheb-informatsia-ar-akvs

192 The Public Defender of Georgia The homeless are deprived of the ability to meet the requirements of the State of emergency April 06 2020 available at httpsimedinewsgegesazogadoeba135312ombudsmeni-usakhlkaroebi-sagangebo-mdgomareobis-parglebshi-arsebuli-motkhovnebis-shesrulebis-shesadzleblobas-moklebulni-arian


34

the body responsible for evictions (Article 12 Ordinance 181 subsequently amended)194 Subsequent legislation (Order 515) suspended the eviction process but did not suspend the process of auctioning of property freezing bank accounts or deduction of money from salaries pensions scholarships and bank accounts195 This left economically disandvantaged citizens in an extremely vulnurable position that could be an even bigger problem than the issue of eviction

VIII ECONOMIC RESPONSE TO THE COVID-19

The impact of lockdown measures has had severe economic ramifications and far reaching consequences The figures speak for themselves GDP growth from January to April 2020 shrank by 36 per cent foreign trade shrank by 168per cent from January 2020 to May 2020 while export shrank by 306 per cent in May 2020 Foreign direct investment (FDI) in the first quarter of the year was almost 42 per cent lower than in the same period last year while the number of international travellers decreased by almost 94 per cent in April 2020196

While Georgia tries to prevent economic collapse it is now more dependent than ever on international financial assistance The International Monetary Fund (IMF) provided 200 Million USD to the Ministry of Finance and the National Bank of Georgia in May 2020197 and international organisations will contribute 15 billion USD to the private sector and the financial system198 The European Union allocated 183 million EUR to Georgia199 However most of these funds were issued as credit which increases Georgiarsquos foreign debt200

In response to the economic downturn the authorities have tried to provide a balanced response that protects and supports citizens but also minimises the negative impact of COVID-19 on the economy

194 The Government of Georgia Ordinance No 181 On the Approval of Measures to be Implemented in connection with the Prevention of the Spread of the Novel Coronavirus (COVID-19) in Georgia of March 23 2020 httpsmatsnegovgeendocumentview4830610publication=0 See also the Government of Georgia Report on Measures Implemented by the Government of Georgia against COVID-19COVID-19 p 45 available at httpsstopcovgeContentfilesCOVID_RESPONSE_REPORT__ENGpdf see also Netgazeti Evictions has stopped - auctions seizures and deductions continue April 09 2020 available at httpsnetgazetigenews44207845 Netgazeti Evictions has stopped - auctions seizures and deductions continue April 09 2020 available at httpsnetgazetigenews442078

195 Minister of Justice of Georgia On Different Regulation of Certain Issues Provided by the Law of Georgia on Enforcement Proceedings in order to prevent the spread of the new coronavirus (COVID-19) April 06 2020 available at httpsmatsnegovgekadocumentview4846300publication=0


197 Ministry of Finances of Georgia IMF Board of Directors Approves $ 200 Million for Georgia to Fight Coronavirus 2 May 2020 available at httpsmofgeNews9393

198 An open letter to the government and people of Georgia 9 April 2020 httpseeaseuropaeudelegationsgeorgia77385open-letter-government-and-people-georgia_en

199 Agendage EU allocates euro183 mln to Georgia in fight against coronavirus 9 April 2020 available at httpsagendageennews20201093


35

The Georgian Governmentrsquos Financial Support package to citizens

The Georgian government has taken various steps to provide basic financial support to citizens Among the measures taken the government subsidised payments for utility services ordered a price freeze on nine major food products and the postponement of loan payments for three months In a second phase of measures the authorities offered direct financial support by way of partial wage subsidies of 200 GEL (54 EUR) per month for a period of six months which would benefit 350 000 citizens

In May 2020 the government expanded the employee support scheme to individuals who were employed for three consecutive months between July to December 2019201 Such measures may have unintended consequences and encourage a practice of temporary ldquohidden employmentrdquo when the employer may continue to claim government aid but retain and pay the employee via other channels and at a lower rate

The measures introduced by the government prioritize those people who pay income tax However it is somewhat artificial to make a distinction between employed and self-employed status as registered self-employed are known to the Inland Revenue and will be taxed accordingly202

The self-employed have been offered a one-off payment of 300 GEL (81 EUR) provided they provide proof of their self-employed status and income to the authorities The self-employed have been disadvantaged by the government rescue package as they have had to meet higher eligibility criteria to secure government aid Some self-employed groups have been wholly excluded from the aid package namely those in the service industries (nannies personal drivers craftsmen and tutors) In these cases individuals are not eligible for the financial support unless they can provide documentation from an employer (legally registered) to confirm their employment status in many cases they cannot provide such evidence203

There remain ongoing challenges to ensure that citizens are properly registered in order to receive financial assistance This becomes particularly difficult in the case of self-employed individuals who are not documented as such and thus lsquofall off the radarrsquo in terms of accessing support204

The government has also introduced tax incentives for employers in the private sector In the case of employees with a monthly salary of 1500 GEL (408 EUR) employers will be exempted from paying income tax of 750 GEL (204 EUR) for a period of six months

201 Resolution 286 of the Government of Georgia On Approval of the Targeted State Program for Mitigating the effects Caused by New Coronavirus (SARS-COV-2) Infection (COVID-19) May 4 2020 available at httpsmatsnegovgeendocumentview4897272publication=0 Publika The circle of employees receiving compensation is expanding - a resolution June 19 2020 available at httpspublikagekompensaciis-mimgheb-daqiravebul-pirta-wre-fartovdeba-dadgenileba

202 FactCheck All About Anti-Crisis Plan [Part of Social Assistance] - What are the risks of a government plan May 05 2020 available at httpsfactcheckgekastory38449-ყველაფერი-ანტიკრიზისული-გეგმის-შესახებ-სოციალური-დახმარების-ნაწილი-რა-რისკებს-შეიცავს-მთავრობის-გეგმა

203 EMC evaluates the governmentrsquos anti-crisis plan April 27 2020 available at httpsemcorggekaproductsemc-mtavrobis-antikrizisul-gegmas-afasebs


36

Some of the vulnerable groups have been provided with social welfare assistance for a period of six months in the sum of 100 GEL (27 EUR) per month starting from 26 April 2020 Families whose ldquosocial scoresrdquo range from 65 to 100 thousand (70 000 families 190 000 persons)205 large families with 0 to 100 thousand ldquosocial scoresrdquo (21 000 families 130 000 people) persons with disabilities (with severe disabilities) and children with disabilities (40 000 persons)

While the financial support package includes people and children living with severe disabilities several vulnerable groups have been excluded (homeless people women sex workers members of LGBTQI community etc) Thus these measures cannot be said to be fully comprehensive Furthermore the government has not adopted sufficient measures to protect the homeless during the reporting period many of whom were at risk and vulnerable206 In the context of COVID-19 the failure to provide shelter food and medical care to homeless people may lead to unnecessary suffering and preventable loss of life

Street vendors left without income

Street vendors were also severely affected by the state of emergency and were unable to work as normal even with appropriate social distancing measures in place There are reports of financial penalties being imposed on street vendors207

Women have been disproportionately affected by this as they make up the majority of the street vendor workforce Many women are retired and work selling goods in order to support their families The Georgian authorities failed to take into account the gendered impact of restrictive measures among this business community

In addition many street traders had to continue repayments to microfinance organisations many of whom refused to suspend repayments during the state of emergency Many small traders thus went bankrupt The situation was exacerbated by a lack of meaningful financial support from the authorities leaving street traders vulnerable to coercion and exploitation Civil society organisations have lobbied for more robust support to be given to the self-employed community by way of social and economic programmes208

IX RIGHT TO EDUCATION

Article 13 of the ICESCR guarantees the right to education aimed at the full development of the human personality the sense of its dignity and the respect for human rights and fundamental freedoms The

205 ldquoSocial Scoresrdquo are defined by the Social Agent who works at the Social Service Agency A social agent is sent to the familyrsquos home at the address indicated in the application within one month form the date of the submission The social agent will assess a household-owned property income and other expenditure and fill out a relevant declaration A ranking score derived from the householdrsquos socio-economic standing will be assigned to the household within maximum a monthrsquos time after the assessment visit takes place Individual ranking score determines a type of state assistance that a given household is eligible to Assistance can be material or non-material and aims at improving a socio-economic standing of the applicant More information available at httpwwwlegalaidgeenp340registration-of-socially-vulnerable-households-in-


207 EMC Statement regarding the removal of the counters belonging to street vendors April 17 2020 at httpsemcorggekaproductsemc-ekhmianeba-skhvadaskhva-kalakshi-garemovachreebis-dakhlebis-aghebis-fakts

208 Ibid

37

duty to provide free compulsory education is also established in the Convention on the Rights of the Child (Article 28) as is the duty to make educational and vocational information and guidance available to all children209

The education system in Georgia has been seriously affected by the pandemic and during the state of emergency (4 March 2020 until 16 March) educational institutions were closed to students As from 16 March 2020 educational institutions moved their teaching to online distance learning with the participation of some 56 327 teachers

The government put in place the following measures to ensure continuity in learning

middot TV school ldquoTelescolardquo was launched on 30 March 2020 by the Ministry of Education in conjunction with the Georgian Public Broadcaster The project offers distance learning through TV lessons in line with the national curriculum

middot ldquoWeb Schoolrdquo launched in May 2020 by the Ministry of Education offers webinars to pupils in the main subjects covered in the national exams

middot Easier access to student portals by individuals and parents without prior permission of school authorities

middot Virtual counselling sessions set up in all districts to help teachers with online teaching technology needs

middot An alternative platform for online learning - Feedc Edu - was introduced in schools at the end of March 2020210

middot Use of online teaching technology (eg Moodle Google Classroom) adopted by higher education institutions and development of video tutorials and teaching guides Curricula have been modified teaching methods and assessment systems have been revised to accommodate COVID-19 restrictions

middot Dedicated support from universities to students without internet access or computer equipment to help bridge the lsquodigital dividersquo

middot Development of e-learning packages for juveniles in collaboration with penitentiary institutions211

Access to the internet is fairly comprehensive across the country according to a 2019 survey by the National Statistics Office some 793 per cent of the population has access to the internet in the country212 The lsquodigital dividersquo is more acute in rural areas only 693 per cent of village households have access to the internet which makes it challenging to provide online distance learning to those communities without internet access213 In addition there has been an increase in the number of people

209 Convention on the Rights of the Child 20 November 1989 available at httpswwwohchrorgenprofessionalinterestpagescrcaspx

210 Marketerge The Ministry of Education offers the Georgian platform Feedc Edu for distance learning schools 31 March 2020 available at httpswwwmarketergefeedc-edu-mesgeorgia-2020


212 This information is collected from the Georgian terriroty governed by the Georgian Government GeoStat Share of households with internet access as of July 2019 available at httpswwwgeostatgekamodulescategories106sainformatsio-da-sakomunikatsio-teknologiebis-gamoqeneba-shinameurneobebshi

213 FactCheck How do teachers and parents evaluate the distance learning process April 24 2020 available at httpsfactcheckgekastory38430-როგორ-აფასებენ-მასწავლებლები-და-მშობლები-დისტანციურ-საგანმანათლებლო-პროცესს

38

who cannot afford to pay for internet access which has in turn had a particular impact on students There is no official data available from the Georgian government on the number of people without internet access in the country214

The Georgian Government failed to consider the impact of digital inequalities on children and young adults during the state of emergency and the Ministry of Education has not to date provided any proposals to remedy the situation and to eliminate inequality among students vis-agrave-vis online studies215

X IMPACT ON THE RIGHT TO EQUALITY AND PROHIBITION OF DISCRIMINATION

The pandemic has exposed inequalities and discrimination faced by a number of vulnerable groups in society Whilst international human rights law provides for the enjoyment of human rights on the basis of equality and non-discrimination the evidence shows that certain groups have fared less well than others during the pandemic and have effectively been left behind in terms of government protection216 Under the ECHR States are under a positive obligation to take measures to prevent stop or punish discrimination217 This can include the adoption of ldquopositive measuresrdquo in some instances218

XI WOMEN

COVID-19 has had a far-reaching and disproportionate impact on women and girls in every sphere ranging from health and access to healthcare the economy reproductive rights employment to the risk of sexual and gender-based violence Womenrsquos rights are protected in the UN Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) to which Georgia is a State party219 The pandemic has exposed and amplified the gendered impact of pre-existing structural inequalities in social political and economic systems220

Sex-disaggregated data on COVID-19 confirmed cases

As part of the COVID-19 response sex-disaggregated data is being collected and analysed on a daily basis by the National Centre for Disease Control A total of 19 million women make up 52 per cent of the population (the total population is 37 million) of Georgia As for sex-disaggregation of confirmed patients women make up slightly more than half ndash 51 per cent of all confirmed cases Subsequently men

214 Ibid 215 FactCheck Distance Learning in Schools - Another Challenge of Coronavirus May 25 2020 available at https

factcheckgekastory38469-დისტანციური-სწავლება-სკოლებში-კორონავირუსის-კიდევ-ერთი-გამოწვევა 216 Article 14 of the ECHR and Protocol 12 which introduced a free-standing right of non-discrimination and expands

the scope of prohibition of discrimination to the enjoyment of any right including rights under national law Article 2 UDHR Articles 2 and 26 ICCPR Article 2(2) ICESCR Article 2 UN Convention on the Elimination of All Forms of Discrimination against Women 1979 UN International Convention on the Elimination of All Forms of Racial Discrimination 1969 CERD see also openDemocracy lsquoGovernments must ensure non-discrimination in pandemic responses 20 May 2020 - httpswwwopendemocracynetenopendemocracyukgovernments-must-ensure-non-discrimination-in-pandemic-responses

217 Pla and Puncernau v Andorra Application no 6949801 13 July 200218 Horvath and Kiss v Hungary Application no 1114611 29 January 2013219 CEDAW Convention - httpswwwohchrorgENProfessionalInterestPagesCEDAWaspx220 UN Women Georgia COVID-19 exacerbates womenrsquos vulnerabilities and gender inequalities in Georgia June

17 2020 available at httpsgeorgiaunwomenorgennewsstories202006COVID-19-exacerbates-womens-vulnerabilities-and-gender-inequalities-in-georgia

39

make-up 49 per cent At all stages of the crisis confirmed cases were more or less equally distributed among women and men221

In order to assess the impact of COVID-19 on the lives of women and girls and to ensure that gender considerations are properly addressed in any COVID-19 response UN Women conducted a rapid gender assessment (RGA) of the COVID-19 situation in Georgia in June 2020222

The study revealed that a third of women in employment had lost their jobs as a result of the pandemic A further 78 per cent of women reported difficulties in meeting basic expenses if restrictive measures were to continue The study further highlighted that closures of schools and kindergartens had a disproportionate impact on women who carried the burden of unpaid caretaking responsibilities for children The pandemic has exacerbated the unequal position of women deepened existing gender inequalities in terms of household chores and further contributed to a culture of ldquotime povertyrdquo facing women in Georgia223

Violence against women (VAW)

Although according to the Ministry of Internal Affairs of Georgia the number of reported cases of domestic violence did not increase since the start of the pandemic224 domestic violence and VAW organisations reported an increase in approaches from women seeking legal assistance since the state of emergency was declared225 Ekaterine Skhiladze the Deputy Public Defender expressed fears that women survivors of domestic violence could not avail themselves of the services provided by the State as the means of communication that used to exist were no longer effective226

Eliso Rukhadze a lawyer at Union Sapari a womenrsquos rights organisation noted that women were afraid to call the police during the pandemic227 According to Rukhadze women were and continue to be concerned that the police will not prioritize domestic violence cases In terms of statistics a maximum of five women out of 15-20 cases per day reported to Union Sapari will go to the police Union Saparirsquos data shows an increase in the number of women asking for help especially in relation to allegations of psychological and economic violence228 From mid-March to 10 April more than 60 women applied to Sapari229

221 The Council of Europe Promoting and protecting womenrsquos rights at national level ndash Georgia available at httpswwwcoeintenwebgenderequalitypromoting-and-protecting-women-s-rightsE2809C63001324E2809D[15]

222 Ibid223 Ibid224 The Ministry of Internal Affairs of Georgia MINISTRY OF INTERNAL AFFAIRS CONTINUES EFFECTIVE FIGHT

AGAINST DOMESTIC VIOLENCE April 03 2020 available at httpspolicegeenshinagan-saqmeta-saministro-agrdzelebs-odjakhshi-dzaladobis-tsinaaghmdeg-efeqtian-brdzolas13440

225 GYLA Organisations Working on the Issues of Violence Against Women and Domestic Violence Address the State Entities March 31 2020 available at httpsgylageenpostqalta-mimart-dzaladobis-da-ojakhshi-dzaladobis-sakitkhebze-momushave-organizaciebis-mimartva-sakhelmtsifo-utsyebebssthashd6Z4TNIhQrwAj1LTdpbs

226 Radio Liberty In Quarantine Together with the Abuser Help me I Canrsquot Escape April 10 2020 available at httpswwwradiotavisuplebagea30545933html Also Voice of America Pandemic domestic violence and hopeless women May 12 2020 available at httpswwwamerikiskhmacomadomestic-violence-and-pandemic5415418html

227 Voice of America Pandemic domestic violence and hopeless women May 12 2020 available at httpswwwamerikiskhmacomadomestic-violence-and-pandemic5415418html

228 Ibid229 Radio Liberty In Quarantine Together with the Abuser Help me I Canrsquot Escape April 10 2020 available at

httpswwwradiotavisuplebagea30545933html

40

Government response

According to official government sources the authorities have put in place certain measures as part of its Communication Strategy against Women and Domestic Violence during the COVID-19 crisis 230

middot The creation of a countrywide SMS system to provide information to every citizen on alternative ways of reporting domestic violence and violence against women SMS messages have also been circulated in ethnic minority languages (Armenian and Azerbaijani)

middot Using pharmacies and grocery shops to share information and to provide a safe space to report incidents and inform survivors of domestic violence about their rights in terms of reporting incidents In co-operation with the Inter-agency Gender Equality Commission a number of pharmacies and grocery shops in the country displayed information posters about domestic violence services including in ethnic minority languages

middot Domestic violence information campaigns on TV and social media Media platforms shared information on government support services alternative ways of reporting domestic violence police-protection mechanisms instructions to download the 112 application and call for zero-tolerance for domestic violence by the Ministry of Internal Affairs and other members of the Inter-agency Gender Equality Commission

middot Information on domestic violence and gender-based violence services for returnees More than 9000 Georgian citizens returned to the country amid the COVID-19 crisis In co-operation with the National Tourism Administration within the Ministry of Economy and Sustainable Development quarantine hotel rooms were equipped with flyers on domestic violence state services so that people at risk of domestic violence returning to the country were informed about state-provided services231

Access to Services

In addition the authorities put in place measures to help survivors of domestic violence access support services more easily including

middot The creation of an emergency hotline 112 under the Ministry of Internal Affairs continues to provide 247 free service for all The application has a chat mode and a silent SOS button to make it easier for a potential victim to contact the police without pushing the SOS button or dialling a number

middot The domestic violence and gender-based violence consultation hotline 116 006 run by the Agency for State Care and Assistance for the (Statutory) Victims of Human Trafficking continued to provide legal psychological and social consultations in eight languages Arabic Armenian Azerbaijani English Farsi Georgian Russian and Turkish

middot Ongoing support by state-run Crisis Centres and Shelters Ten state-run shelters and crisis centres and two crisis centres run by non-governmental organisations continued to function

230 Communication Strategy for Domestic Violence and Violence against Women during the Crisis of the Interagency Commission on Gender Equality Violence Against Women and Domestic Violence in Crisis available at httpsdocsgooglecomdocumentu1d1wMJkLGtHrPj2uVqGxt2-tGhUNxuqJv9DZ-51RX9IOY8editusp=sharing


41

non-stop during the reporting period to support survivors of domestic violence232 At the onset of the pandemic crisis centres and shelters restructured to accommodate new arrivals without placing other residents at risk of infection The Tbilisi shelter was converted into a quarantine zone where survivors of domestic violence were housed for two weeks before being transferred to shelters233

middot Free legal and psycho-social services provided by the Ministry of Health continued working remotely234

middot Tailored policy solutions including a policy decision not to fine survivors of domestic violence who in order to escape violence left home during the curfew hours (900 pm to 600 am) As a result no domestic violence victims (survivors) were fined during curfew hours235

XII PEOPLE LIVING WITH DISABILITIES People living with disabilities are at heightened risk of contracting COVID-19 given challenges such as adhering to social distancing measures reliance on physical contact with care workerssupport persons or applying hygiene measures such as handwashing The rights of people living disabilities are protected under the UN Convention on the Rights of Persons with Disabilities (CRPD) which inter alia imposes a legal obligation on States to protect this group in situations of risk humanitarian emergencies and natural disasters236 The government provided the following assistance

middot Financial benefits to people living with ldquoobviousevidentrdquo disabilities and children living with disabilities received a total of 600 GEL over the course of six months as of 26 April 2020 Such measures benefited approximately 40 000 people

middot Government briefings accompanied by sign language The text of the briefings is uploaded to the state social media pages immediately following transmission for those people with hearing impairments who do not use sign language237

Nino Lomjaria the Public Defender considered that the measures taken by the authorities during the state of emergency on behalf of people living with disabilities were insufficient According to the Public Defender people living with disabilities faced additional problems in terms of access to the physical environment services and information during the ongoing health crisis238

232 Ibid 233 Radio Liberty The Public Defender of Georgia Mass Isolation Increases Risks of Domestic Violence Against

Women and LGBT + Persons April 08 2020 available at httpswwwradiotavisuplebagea30541567html 234 Ibid 235 Ibid 236 Convention on the Rights of Persons with Disabilities (CRPD) available at httpswwwunorgdevelopmentdesa

disabilitiesconvention-on-the-rights-of-persons-with-disabilitieshtml 237 The Government of Georgia Report on Measures Implemented by the Government of Georgia against COVID_19

p 43 available at httpsstopcovgeContentfilesCOVID_RESPONSE_REPORT__ENGpdf 238 The Public Defender of Georgia Day of the Rights of Persons with Disabilities during Pandemic June 14 2020

available at httpwwwombudsmangeeng190308061724siakhleebishezghuduli-shesadzleblobis-mkone-pirta-uflebebis-datsvis-dghe-pandemiis-pirobebshi

42

On 15 June 2020 at an online conference entitled ldquoTargeted Programmes for Persons with Disabilities during Pandemicrdquo239 the Public Defender highlighted the negative impact of quarantine and isolation on people living with disabilities and that and the ineffectiveness of remote rehabilitation programmes In her view these measures failed to protect the rights of people living with disabilities and as a result a number of people of living with disabilities have been unable to access critical rehabilitation services for many months which has hindered their recovery240

In a further statement on 14 June 2020 the Public Defender highlighted particular challenges facing students living with disabilities to meaningfully participate in educational activities In her view access to education was particularly challenging for children with behavioural difficulties and sensory limitations241

The UN Women Rapid Gender Assessment (RGA) of the COVID-19 situation in Georgia addressed the needs of women and girls living with disabilities as well as women caregivers The report found that the restrictive measures had amplified problems with infrastructure as many women and girls with disabilities had lost access to the caregivers who assisted them with mobility issues The blind community faced particular challenges in relation to ease of movement given their extensive reliance on touch to aid mobility242

XIII ETHNIC MINORITY GROUPS

The impact of the pandemic on ethnic minorities has been particularly acute The International Convention on the Elimination of All Forms of Racial Discrimination (CERD) explicitly protects the rights of minorities in the treaty243

The rural infrastructure in regions populated by ethnic minorities is extremely weak due to poor democratic and participatory initiatives in these areas poor grasp of the local language little trust in state institutions and the unfair distribution of budgetary resources244

Prior to the declaration of the State of Emergency ethnic minorities were given little information about COVID-19 and the relevant restrictions The situation improved as from 23 March 2020 with the assistance of the Public Broadcasting Service who disseminated key messages through their website and booklets However significant shortcomings remain in terms of the governmentrsquos policy on communication in

239 The Public Defender of Georgia Online Conference on Targeted Programmes for Persons with Disabilities during Pandemic June 15 2020 available at httpwwwombudsmangeengakhali-ambebionlain-konferentsia-shshm-pirta-miznobrivi-programebi-pandemiis-pirobebshi

240 Ibid 241 The Public Defender of Georgia Day of the Rights of Persons with Disabilities during Pandemic June 14 2020


242 UN Women Georgia COVID-19 exacerbates womenrsquos vulnerabilities and gender inequalities in Georgia June 17 2020 available at httpsgeorgiaunwomenorgennewsstories202006COVID-19-exacerbates-womens-vulnerabilities-and-gender-inequalities-in-georgia

243 CERD httpswwwohchrorgenprofessionalinterestpagescerdaspx244 EMC calls on the authorities to provide water supply to the villages left without water to prevent the virus

March 20 2020 available at httpsemcorggekaproductsemc-moutsodebs-khelisuflebas-virusis-preventsiistvis-uzrunvelqos-tsqlis-gareshe-darchenili-soflebis-momaragebafbclid=IwAR17detsX3GtYdO8pJqP0xOsOhvjg9A_mF6AP8Vpuxs1-yCXuEF79QLLB04

43

ethnic minority languages In particular the PBS information in minority languages is only available for a short time on its website and for a very limited time on television (approximately 10 minutes each day) Internet access rates are low in the region245

In addition the police acted aggressively towards ethnic minorities during the State of Emergency with respect to the imposition of fines for breaches of COVID-19 related restrictions In fact these breaches were often committed due to a lack of information on the part of ethnic minorities rather than by intent The police made little effort to inform ethnic minorities of the COVID-19 restrictive measures and adopted a more aggressive policy of imposing fines

The introduction of restrictive measures and quarantine shutdown of public transportation and closure of shopping areas and markets left many people without a regular source of income Local and central government failed to support those families left without jobs or an income (apart from the most vulnerable families) through unemployment benefits or other forms of social welfare assistance The one-off humanitarian support provided by local government was insufficient 246

Civil society organisations supported families in need For example EMC (an NGO operating a bilingual hotline) reported that 80 out of 100 calls on its bilingual hotline came from families requesting humanitarian assistance only 14 of which had received assistance from the local municipality The remaining support has been provided by faith-based organisations including the local mosque and evangelical Baptist church Many families have been left on the brink of starvation There were also allegations that humanitarian assistance was unfairly distributed due in part to nepotism In particular the residents of Marneuli Municipality suggested that the City Hall was not responding adequately to their requests and was distributing resources unfairly247

The right to access safe drinking water is recognized in international human rights law248 The UN Human Rights Committee in its General Comment No 15 on the right to water defines as the right of everyone ldquoto sufficient safe acceptable physically accessible and affordable water for personal and domestic usesrdquo 249

In most villages access to clean drinking water remains a major challenge250 In some cases villagers have had to travel communally in cars to neighboring villages to a spring water source in contravention

245 EMC is responding to the social crisis in Marneuli and Bolnisi April 22 2020 available at httpsemcorggeenproductsemc-marneulsa-da-bolnisshi-shekmnil-sotsialuri-kriziss-ekhmianebafbclid=IwAR0ZF1nNRUGGzNQC-2goJvSdf4M8H4e0qj57qelr4QGbSnbXyTqnwCBEhCk

246 Ibid 247 EMC is responding to the social crisis in Marneuli and Bolnisi April 22 2020 available at httpsemcorggeen

productsemc-marneulsa-da-bolnisshi-shekmnil-sotsialuri-kriziss-ekhmianebafbclid=IwAR0ZF1nNRUGGzNQC-2goJvSdf4M8H4e0qj57qelr4QGbSnbXyTqnwCBEhCk

248 Convention on the Rights of the Child CEDAW ICESCR Article 11 and 12 CRPD249 Human Rights Committee General Comment No 15 (2002) The right to Water EC12200211 20 January 2003

- httpswww2ohchrorgenglishissueswaterdocsCESCR_GC_15pdf250 For example the villages of Marneuli Municipality Khutor-Lezhbadin Tazakendi the village of Kirikhlo Kvemo

Saral Ulashlo water are not supplied at all Water problems are in the villages of Tsurtavi Talaveri Dabazi Mamkhuti and Savaneti in Bolnisi Municipality Access to clean and sufficient drinking water is a particular problem in the villages of the Pankisi region EMC calls on the authorities to provide water supply to the villages left without water to prevent the virus March 20 2020 available at httpsemcorggekaproductsemc-moutsodebs-khelisuflebas-virusis-preventsiistvis-uzrunvelqos-tsqlis-gareshe-darchenili-soflebis-momaragebafbclid=IwAR17detsX3GtYdO8pJqP0xOsOhvjg9A_mF6AP8Vpuxs1-CXuEF79QLLB04

44

of social distancing rules There have been reports of fines being issued to groups gathering at collective water points251

The authorities have been heavy-handed in their response to social unrest and demonstrations against quarantine measures While protests have been peaceful with demonstrators whistling clapping or honking car horns the authorities have responded by initiating an investigation under the State Security Service Act (section 318 of the Criminal Code) which criminalises sabotage Instead of responding proportionately with measures aimed at alleviating the current crisis the authorities resorted to punitive measures Communities have looked to support one another by mobilising and distributing humanitarian aid but local government thwarted these attempts by extending restrictions on the use of vehicles for humanitarian aid deliveries252

XIV LGBTQI PEOPLE Under international human rights law States are under a legal obligation to safeguard the rights of LGBTQI people on the basis of the Universal Declaration of Human Rights and other international and regional treaties253 These core international human rights treaties include the universally applicable guarantee of non-discrimination in the enjoyment of all rights Further the UN Yogyakarta Principles provides a set of principles on the application of international human rights law in relation to sexual orientation and gender identity254 The UN Convention on the Elimination of Racial Discrimination (CERD) applies to all people regardless of sex sexual orientation gender identity or other status States are required to protect LGBTQI people from being discriminated against and to take specific steps in response if it does happen In Europe the ECHR provides the principal source of protection for LGBTQI rights alongside the OSCE and European Union

Due to the high level of homobitransphobia the LGBTQI community is one of the most marginalised groups in Georgia The systemic economic social and healthcare challenges that the LGBTQI community face have significantly deteriorated during the current health crisis255

The Georgian authorities have failed to support the LGBTI community in a meaningful way and has ignored the systemic and structural inequalities and human rights violations facing this community Gender equality legal gender recognition or proactive initiatives aimed at curtailing homobitransphobia via educational and awareness-raising interventions remain outside the scope of government Action Plans During the pandemic the Georgian government continued to neglect the needs of LGBTQI people Civil society organisations have been very active in campaigning and lobbying the government on behalf of the LGBTQI community but they have nonetheless been excluded from COVID-19 policy planning256

251 EMC calls on the authorities to provide water supply to the villages left without water to prevent the virus March 20 2020 available at httpsemcorggekaproductsemc-moutsodebs-khelisuflebas-virusis-preventsiistvis-uzrunvelqos-tsqlis-gareshe-darchenili-soflebis-momaragebafbclid=IwAR17detsX3GtYdO8pJqP0xOsOhvjg9A_mF6AP8Vpuxs1-yCXuEF79QLLB04

252 Radio Marneuli Unofficial refusal of a car license and products distributed by donkey April 19 2020 available at httpswwwmarneulifmgekasiakhleebiarticle29129-avtomobilis-sashvze-mighebuli-araoficialuri-uari-da-virith-darigebuli-produqtebi

253 ICESCR ICCPR CRC 254 UN Yogyarkarta Principles - httpsyogyakartaprinciplesorg255 Coalition for Equality Report on Equality and Vulnerable Groups in Georgia 2020 see at httpwwwequalityge

wp-contentuploads202007CSO-Report_UPR37_Georgia_UPRpdf 256 CBO Statement May 08 2020 see at httpwwwequalitygeen5900

45

The ldquostay at homerdquo policy imposed by the government to combat the spread of the COVID-19 has been particularly detrimental to LGBTQI people who cannot afford to adhere to social distancing requirements Young LGBTQI people are at particular risk from family members who may be abusive or violent In some instances young LGBTQI people who have been forced to leave their homes face evictions for non-payment of rents due to the economic crisis257

The LGBTQI community were unable to avail themselves of government financial support (apart from utility subsidies) given their difficulties in providing evidence to confirm their self-employed status and the precarious nature of their employment more generally Thus they were unable to benefit from the one-off payment of 300 GEL per month offered to self-employed individuals258 The community received one-off humanitarian support in the form of food parcels and personal hygiene kits but such measures fall short of adequate state support Moreover these supplies were only available to residents of Tbilisi thus excluding the needs of this community beyond the capital and to a degree denying their existence259

Trans women are one of the most vulnerable groups in Georgia This community are excluded from society at large and as a result are often compelled to work in dangerous conditions and many resort to sex work On 30 April 2020 trans women organised a demonstration in front of Tbilisi City Hall to protest against the governmentrsquos failure to protect them during the crisis and to highlight their dangerous working conditions During the demonstration one of the protesters a 19-year-old trans sex worker set herself on fire as she was being detained by law enforcement officials and shouted ldquoI am a transgender woman and I am setting myself on fire because the Georgian state does not care about merdquo260

The incident was broadcast live by several TV channels in violation of ethical standards of journalism The incident was covered in a sensationalist manner The authorities have failed to take any substantive measures by way of statements or actions to better protect the LGBTQI community during the public health crisis and enhance the needs of the community at a structural level261

De facto Authoritiesrsquo Response to COVID-19 and its Impact on Human Rights on the Occupied Territories of Abkhazia and South OssetiaPeople living in the occupied territories of Abkhazia and South Ossetia face extreme challenges in terms of their physical economic and diplomatic isolation which have been exacerbated by the pandemic The ageing population outdated Soviet-era infrastructure and an impoverished health system have made the fight against the pandemic even more challenging Moreover it has been difficult for humanitarian

257 WISG addresses the State authorities regarding the emergency situation related to COVID-19 March 20 2020 see at httpswisgorgennewsdetail276

258 Ibid259 Coalition for Equality ndash The Needs of Groups Beyond the Scope of the State Anti-crisis Plan May 01 2020 see

at httpswisgorgennewsdetail282Coalition-for-Equality-ndash-The-Needs-of-Groups-Beyond-the-Scope-of-the-State-Anti-crisis-Plan

260 Transgender woman sets herself on fire in Tbilisi April 30 2020 see at httpsoc-mediaorgtransgender-woman-sets-herself-on-fire-in-tbilisi

261 CBO Statement May 08 2020 see at httpwwwequalitygeen5900

46

aid and assistance to reach these communities given the territoriesrsquo contested status in the international community

In the early stages of the pandemic several senior Georgian government officials reached out to the WHO and other international organisations (IOs) to provide support for both regions The Tbilisi central government indicated that it would not block movement to and from the regions262 and the Georgian Prime Minister Giorgi Gakharia in a statement of 17 March 2020 offered ldquoto help Georgian citizens in the occupied territories wherever possiblerdquo263

However this offer was rejected by the de facto authorities of South Ossetia and Abkhazia On 16 March 2020 talking to Sputnik Ossetia Russian state-owned media South Ossetiarsquos Foreign Minister Dmitry Medoyev accused Georgia of ldquousing a problem like the coronavirus for public relationsrdquo264 Medoyev reportedly questioned the official figures of infected people arriving into the territories from Georgia and maintained that the US-funded Richard Lugar Centre for Public Health Research in Tbilisi was a lsquothreat to the security of the whole Caucasus regionrsquo265

This rhetoric aligns with Russiarsquos ongoing disinformation campaign about the Lugar Center which has been critical in Georgiarsquos fight against COVID-19 In response to the accusations the Foreign Ministry of Georgia issued an official statement condemning Russiarsquos ldquohybrid warfare tools against Georgia and fabricated propaganda mythsrdquo266

On 22 May 2020 the Georgian Foreign Ministry released a statement condemning another major issue of ldquoillegal borderisationrdquo that has intensified during the pandemic The Russian occupying forces have installed barbed wire fences so-called ldquoborderrdquo signs and dug so-called ldquoanti-fire trenchesrdquo in the direction of both occupied Georgian regions of Abkhazia and Tskhinvali regionSouth Ossetia The process of ldquoborderisationrdquo has been going on simultaneously in the vicinity of twelve different villages of the Kareli Municipality namely Tseronisi Knolevi Takhtisdziri Dvani Koda Chvrinisi and Atotsi the Tsalenjikha Municipality villages of Pakhulani and Muzhava as well as the Zugdidi Municipality villages of Khurcha and Ganmukhuri267

262 Dumbadze A ldquoGeorgian president thanks WHO for assisting the population in Abkhaziardquo Georgia Today March 20 2020 httpgeorgiatodaygenews20055Georgian-President-Thanks-WHO-for-Assisting-Population-in-Abkhazia JAM News ldquoGeorgia ready to treat residents of Abkhazia if coronavirus appearsrdquo March 29 2020 httpsjam-newsnetgeorgia-ready-to-treat-residents-of-abkhazia-if-coronavirus-appears

263 Imedi News Giorgi Gakharia We express our readiness to fully assist the citizens of Georgia living in the occupied territories where we can March 17 2020 available httpsimedinewsgegeCOVID19131922giorgi-gakharia-chven-gamovtqvamt-mzaobas-rom-iq-sadats-amis-shesadzlebloba-gveqneba-srulad-davekhmarebit-okupirebul-teritoriaze-mtskhovreb-saqartvelos-moqalaqeebs

264 Sputnk Ossetia - Министр прокомментировал заявление Тбилиси о готовности прийти на помощь жителям Абхазии и Южной Осетии для борьбы с коронавирусом March 13 2020 available httpssputnik-ossetiaruSouth_Ossetia2020031310239807Glava-MID-Yuzhnoy-Osetii-Gruziya-piaritsya-na-koronavirusehtml

265 httpsoc-mediaorgfeaturesanalysis-who-is-afraid-of-the-lugar-centre 266 Statement by the Ministry of Foreign Affairs of Georgia available at httpsmfagovgeNewssagareo-saqmeta-

saministros-ganckhadeba-(33)aspxCatID=5amplang=en-US 267 Ibid

47

International Organisationrsquos engagement with the de facto authorities of occupied Abkhazia and South Ossetia

Due to the current public health crisis the next round of the Geneva International Discussions on the Conflict in Georgia (lsquothe GIDrsquo) which were scheduled to take place between 31 March 2020 ndash1 April 2020 have been postponed indefinitely The GID is the sole forum for international talks between Georgian Abkhazian and the South Ossetian officials and was established to address the consequences of the August 2008 war The talks are co-chaired by the EU OSCE and UN and involve Georgian Russian Abkhazian and South Ossetian negotiators as well as US representatives268

The occupied regions of Abkhazia and South Ossetia were recently under consideration by the by the United Nations Human Rights Council (HRC) On 22 June 2020 the HRC highlighted human rights abuses in breakaway Abkhazia and Tskhinvali regionSouth Ossetia and adopted a UN resolution on the issue269 It is worth noting that the resolution calls for ldquoimmediate and unimpeded access to be given to the Office of the High Commissioner and international and regional human rights mechanisms to Abkhazia Georgia and the Tskhinvali regionSouth Ossetia Georgia and requests the High Commissioner to present to the Human Rights Councilhellip oral update on the follow-up to the present resolution at its forty-fourth session and to present a written report on developments relating to and the implementation of the present resolution at its forty-fifth sessionrdquo270

In terms of EU engagement the European Unionrsquos Annual Report on Human Rights and Democracy has detailed human rights violations in occupied Abkhazia and Tskhinvali region The report highlights the EUrsquos engagement on this issue ldquoThe EU continues to raise concerns about the grave human rights situation and prevailing impunityhellipas well as about ongoing serious human rights violations and abuseshellipin Georgian regions of Abkhazia and TskhinvaliSouth Ossetia not controlled by the respective governments The EU actively engaged in calling those exercising effective control to grant unimpeded access for international human rights mechanisms to these regions of Georgiardquo271

I ABKHAZIA

Prior to the outbreak of the pandemic in January 2020 violent protests erupted following the contested election that brought de facto President Raul Khajimba to power272 The political crisis that beset the region led to Khajimbarsquos resignation and the announcement of new elections The de facto authorities were slow to impose social distancing measures and only introduced a state of emergency post-

268 OC Media Abkhazia and South Ossetia scramble to prepare for coronavirus March 18 2020 available at httpsoc-mediaorgabkhazia-and-south-ossetia-scramble-to-prepare-for-coronavirus

269 Human Rights Council UN General Assembly AHRC43L7 Cooperation with Georgia available at httpsundocsorgAHRC43L7


271 InterpressNews EU annual report raises concerns about human rights violations in occupied territories of Georgia June 16 2020 available at httpswwwinterpressnewsgeenarticle107941-eu-annual-report-raises-concerns-about-human-rights-violations-in-occupied-territories-of-georgia

272 Global Voices Caucus Abkhazia Cautiously Optimistic Over COVID-19 httpsiwprnetglobal-voicesabkhazia-cautiously-optimistic-over-COVID-19 InterpressNews So-called presidential elections to be held on March 22 in occupied Abkhazia January 01 2020 available at httpswwwinterpressnewsgeenarticle105343-so-called-presidential-elections-to-be-held-on-march-22-in-occupied-abkhazia

48

election273 The opposition candidate Aslan Bzhaniya won the election on 22 March 2020 but was not inaugurated until 23 April 2020 In the meantime acting president Valery Bganba signed a decree to introduce a state of emergency on 28 March closing the borders on the Ingur and Psou rivers with entry from Russia permitted only for diplomats military personnel and international cargo274

Following the first recorded case of COVID-19 in the Gali district on 29 March 2020 the authorities introduced a local curfew in the area Subsequently on 7 April 2020 the curfew was extended to the town of Gagra following the diagnosis of another case275 On 8 April 2020 the Russian-Abkhaz border was closed and new restrictions were introduced including fines in the sum of 3000-20000 roubles (35-230 EUR) for violating the restrictions All public gatherings shops and public institutions apart from grocery shops and pharmacies were also shut down An interagency commission was established as the key government focal point responsible for leading on the territoriesrsquo response to the pandemic The commission has been operating a hotline providing information on medical and mental health services and has been regularly updating the public on COVID-19 matters276

Alhas Jinjolia a member of the interagency commission expressed his concerns that existing vulnerabilities (an ageing population lack of medical personnel and a weak infrastructure) have been compounded by the pandemic277 Some 20 per cent of the population are over the age of 60 medical personnel themselves are at especially high risk given that 80 per cent are aged 60 or over278

Local officials reported particular difficulties in discouraging residents from holding large funerals

Easing restrictions

The de facto authorities started easing restrictions on movement and allowed reopening of markets in major towns as of 20 April 2020 after almost a month of curfew279

Further restrictions have been eased since 1 May 2020 public transport hairdressers and beauty salons were allowed to reopen while markets were also allowed to operate three days a week280

273 International Crisis Group The COVID-19 Challenge in Post-Soviet Breakaway Statelets May 06 2020 available at httpswwwcrisisgrouporgeurope-central-asiab89-COVID-19-challenge-post-soviet-breakaway-statelets

274 Global Voices Caucasus Abkhazia Cautiously Optimistic Over COVID-19 available at httpsiwprnetglobal-voicesabkhazia-cautiously-optimistic-over-COVID-19 Acting President of the Republic of Abkhazia Valeriy Bganba signed a Decree to introduce a state of emergency in the Republic of Abkhazia to protect the lives and health of citizens and stop the spread of COVID-19 in the Republic of Abkhazia March 27 2020 available at httppresidentofabkhaziaorgenaboutinfonews11847print=Y

275 Global Voices Caucasus Abkhazia Cautiously Optimistic Over COVID-19 available at httpsiwprnetglobal-voicesabkhazia-cautiously-optimistic-over-COVID-19

276 Ibid 277 ldquoАбхазия в цифрах за 2018 годrdquo [Abkhazia in numbers in 2018] State Division of Statistics in the Republic of

Abkhazia] 2018 p 17 httpsugsraorgofitsialnaya-statistikaphp See also Thomas Hammarberg and Magdalena Grono ldquoHuman Rights in Abkhazia Todayrdquo Palme Center July 2017 pp 43-44 httpswwwpalmecentersewp-contentuploads201707Human-Rights-in-Abkhazia-Today-report-by-Thomas-Hammarberg-and-Magdalena-Gronopdf

278 Crisis Group telephone interviews foreign diplomats local NGO representative April 2020 httpswwwcrisisgrouporgeurope-central-asiab89-COVID-19-challenge-post-soviet-breakaway-statelets

279 Исполняющий обязанности Президента Республики Абхазия Валерий Бганба подписал Распоряжение об изменении ограничительных мер по защите населения Республики Абхазия от коронавирусной инфекции April 17 2020 available at httppresidentofabkhaziaorgaboutinfonewsELEMENT_ID=11918


49

The de facto President Aslan Bzhania presented a number of proposals to remove restrictions on crossing the Russian-Abkhaz border and in a letter to the Russian Prime Minister expressed his willingness to remove restrictions and comply with all hygiene and sanitary measures281 As of 24 July 2020 officials on both sides are in discussions with a view to reaching a joint decision The recent order extended restrictions on the state border until 21 July 2020282

Economic impact of COVID-19

The pandemic has had severe economic and budgetary implications for Abkhazia In order to ease the burden caused by the state of emergency283 (covering the period 28 March to 20 April 2020) the de facto Government of Abkhazia granted tax relief to small businesses in April and May 2020284 In a subsequent announcement President Bzhaniya admitted that ldquothe situation was alarmingrdquo as the government revenues for the months of April and May 2020 had halved285

Moreover the tourism industry which is a major source of income for Abkhaziarsquos economy and primarily relies on tourists from Russia has been heavily affected by the pandemic The border with Russia remains closed on both sides and the outlook for the tourism industry looks poor this summer

The Abkhazian economy relies heavily on Russia which provides some 60 per cent of the regionrsquos budget Prior to the outbreak of the pandemic de facto officials reported that the budget was nearly empty286 According to one local official ldquoWe need a credit or direct humanitarian support of some 50-100 billion USD to survive the upcoming monthsrdquo287 However international organisations or foreign banks require Georgiarsquos permission to offer aid

In early March 2020 Abkhaziarsquos de facto authorities reached out to international organisations to mobilise foreign aid288 In response the UN Development Programme (UNDP) provided over 12000 packages of basic medical supplies international NGOs with local offices offered vehicles for emergency care and

281 See Preisdential Order ldquoOn Measures to Protect the Health of the Population of the Republic of Abkhazia against a New Coronavirus Infection COVID-19rdquo dated 30 June 2020

282 РАСПОРЯЖЕНИЕ О внесении изменений в Распоряжение Президента Республики Абхазия от 30 июня 2020 года No 250-рп laquoОб отдельных мерах по защите здоровья населения Республики Абхазия от новой коронавирусной инфекции COVID-19raquo httppresidentofabkhaziaorguploadiblocka36R-A-S-P-O-R-YA-ZH-E-N-I-E_2_konvertirovanpdf

283 НУЖНАЯ ГАЗЕТА В Абхазии до 20 апреля введено чрезвычайное положение March 27 2020 available at httpsabh-nruv-abxazii-do-20-aprelya-vvedeno-chrezvychajnoe-polozhenie

284 ДЕКРЕТ О мерах поддержки субъектов предпринимательства в связи с введением на территории Республики Абхазия чрезвычайного положения Apil 02 2020 available at httppresidentofabkhaziaorguploadiblock89aDekret-o-o-merakh-podderzhki-subektov-predprinimatelstva-v-svyazi-s-vvedeniem-chrezvychaynogo-polozheniyapdf

285 OC Media Abkhazia lsquohas not receivedrsquo Russian funding for 6 months June 05 2020 available at httpsoc-mediaorgabkhazia-has-not-received-russian-funding-for-6-months

286 Crisis Group Report Abkhazia and South Ossetia Time to Talk Trade op cit p 23 httpswwwcrisisgrouporgeurope-central-asiacaucasusgeorgia249-abkhazia-and-south-ossetia-time-talk-trade see also httpsoc-mediaorgabkhazia-has-not-received-russian-funding-for-6-months


288 De facto Ministry of the Foreign Affairs of Abkhazia On the meeting with the representatives of the international non-governmental organisations March 03 2020 httpmfaapsnyorgenallnewsnewsvisitso-vstreche-s-predstavitelyami-mezhdunarodnykh-nepravitelstvennykh-organizatsiy6

50

pulverisers to disinfect public transport289 In addition the UNDP and WHO specialists carried out a needs assessment in Sukhumi Russia also sent approximately 500 COVID-19 test kits and deployed soldiers to support disinfection of public places in addition the diaspora community managed to fundraise around 55 million roubles (63 381 EUR) which was used for medical equipment and increasing the number of ventilators in Abkhazia to 60290

The Abkhazian de facto authorities also indicated their readiness to work with and enter into dialogue with the Georgian authorities291 On 23 March 2020 de facto President of Abkhazia Bzhaniya reiterated the need for direct talks particularly in relation to securing medical services on Georgian controlled territory the movement of criminals across Enguri and shared electricity generated by the Enguri Dam292 Although two out of three crossing points have been closed for regular traffic between Georgia and occupied territories since 2017 people have been allowed to leave Abkhazia to visit Georgian hospitals through Enguri Bridge293 However the issue of direct talks with Abkhazian authorities has been ldquoan explosive subjectrdquo in Georgia and a source of much public contention Previous attempts to convene talks with the Abkhazian authorities (in 2013 and later in 2018 by then Prime Minister Giorgi Kvirikashvili) has led to accusations of endangering Georgiarsquos territorial integrity as well as jeopardising the ldquoGeneva formatrdquo of discussions (the GID)294

II SOUTH OSSETIA

COVID-19 poses a significant risk to the occupied region of South Ossetia where 17 per cent of the population is elderly295 The public health care system is underdeveloped and hospitals are severely under-equipped Medical professionals have refused to work in hospitals due to insufficient PPE296 Moreover many of the regionrsquos medical professionals had not had any relevant training for years297 Russia supplies South Ossetia with the majority of its needs but stopped sending medical supplies to the region in early March 2020298

289 Apsny Press UNDP delivered to Abkhazia a cargo of medical supplies and other consumables April 16 2020 available athttpapsnypressinfonewsproon-dostavila-v-abkhaziyu-gruz-zashchitnogo-meditsinskogo-snaryazheniya-i-raskhodnykh-materialov

290 Sputnik-Abkhazia Moscow-based diaspora purchased the first lot of medical assistance for Abkhazia March 31 2020 httpssputnik-abkhaziaruAbkhazia202003311029793510Moskovskaya-diaspora-zakupila-pervuyu-partiyu-medpomoschi-dlya-Abkhaziihtml see also Global Voices Caucasus Abkhazia Cautiously Optimistic Over COVID-19 available at httpsiwprnetglobal-voicesabkhazia-cautiously-optimistic-over-COVID-19


292 РИА Новости Бжания Абхазия и Грузия нуждаются в laquoмалойraquo переговорной площадке March 23 2020 available at httpsriaru202003231568999727html

293 Agendage Woman transferred from Russian-occupied Abkhazia region tests positive for coronavirus March 31 2020 available at httpsagendageennews2020986 Agendage Two crossing-points closed along occupation line with breakaway Abkhazia 5 March 2017 available at httpsagendageennews2017409

294 Statement of the Prime Minister of Georgia Giorgi Kvirikashvili September 08 2018 available at httpgovgeindexphplang_id=GEOampsec_id=491ampinfo_id=63740

295 RES Aza Tasoeva about growth in the numbers of pensioners and increase in the 2020 budget of the Fund November 14 2019 httpcominforgnode1166526492


297 Sputnik- Ossetia Doctor of Tskhinvali hospital told how many ventilators South Ossetia has April 03 2020 httpssputnik-ossetiaruSouth_Ossetia2020040310367259Vrach-tskhinvalskoy-bolnitsy-rasskazal-skolko-na-samom-dele-v-Yuzhnoy-Osetii-IVLhtml

298 In early March Russiarsquos government banned exports of all medical supplies to foreign countries excepting specific foreign aid shipments purchases by individuals See ldquoRussian government restricts exports of face masks other medical goods till June 01rdquo TASS March 04 2020 httpstasscomeconomy1126373

51

South Ossetiarsquos response to the pandemic was slow even though borders were closed with Georgia indefinitely on 27 February 2020 a day after the first case was confirmed in the country 299 The de facto authorities nevertheless allowed a youth wrestling tournament to take place as late as 22-25 March 2020300 In a similar vein hundreds of local officials attended a meeting on 25 March 2020 where the de facto President delivered a state address301

Schools and universities remained open later than anywhere else in the South Caucasus Public events were not cancelled until 16 March 2020 followed two days later by the closure of all educational institutions302 Students returning to the region after Russian universities switched to remote teaching were encouraged to self-isolate on their return303

Freedom of Movement

People living in the occupied territories face restrictions on their freedom of movement In particular movement across the South Ossetian border has been restricted since late August 2020 following a stand-off between Georgian and South Ossetian de facto authorities over the Tsnelisi area304 The problem is particularly serious in the Akhalgori district of South Ossetia an area predominantly populated by ethnic-Georgians The closure of the Mosabruni crossing point in Akhalgori resulted in a humanitarian crisis in the district The situation has been so dire that it has led to some fatalities where residents have been unable to leave the region to obtain urgent medical care305

Prior to the border closure with Georgia on 27 February 2020 residents of Akhalgori were allowed to access Georgia-controlled territory only once every two months in order to collect their pensions and undergo medical treatment306 The Roki tunnel South Ossetiarsquos only other connection to the outside world through Russiarsquos North Ossetia has been closed since 17 March 2020 due to heavy snowfall307 Recently South Ossetian cargo importers have complained of operational difficulties while crossing the Nizhny Zaramag checkpoint in North Ossetia as a result of the Russian regulations which has led to a shortage of some basic products in South Ossetia308

299 Эхо Кавказа Закрытие границы в форме карантина March 02 2020 available at httpswwwekhokavkazacoma30464838html

300 Sputnik Ossetia Wrestling championship in the name of Tedeev brothers started in South Ossetia March 21 2020 available athttpssputnik-ossetiaruSouth_Ossetia2020032110283331V-Yuzhnoy-Osetii-startoval-turnir-po-volnoy-borbe-pamyati-bratev-Tedeevykhhtml

301 RES Address by President of the Republic of South Ossetia Anatoly Bibilov March 25 2020 httpcominforgnode1166528924

302 Рес В Южной Осетии запретили проведение массовых мероприятий из-за угрозы коронавируса March 16 2020 available at httpcominforgnode1166528717 Эхо Кавказа Школы закрыли от коронавируса March 17 2020 available at httpswwwekhokavkazacoma30493634html


304 httpsoc-mediaorgs=tsnelisiampx=13ampy=11 305 DRI prepared the report on the Restrictions on the Right to Freedom of Movement in Abkhazia and Tskhinvali

RegionSouth Ossetia April 08 2020 available at httpwwwdemocracyresearchorgeng273306 OC Media Humanitarian situation in Akhalgori lsquoextremely alarmingrsquo April 16 2020 available at httpsoc-media

orghumanitarian-situation-in-akhalgori-ekhtremely-alarming 307 Рес Транскам закрыт из-за снегопада до особого распоряжения March 17 2020 available at httpcominf

orgnode1166528733308 Кавказский узел Предприниматели перестали ввозить в Южную Осетию крупные партии товаров

February 21 2020 available at httpswwwkavkaz-uzeleuarticles346193

52

Restrictions on freedom of movement have had a serious impact on the local populationsrsquo access to livelihoods and essential services including health care and for medical evacuations Access to medicine remains a problem as in February 2020 the de facto authorities seized Tbilisi-produced medicines in local pharmacies309 There are concerns that this practice exacerbated the humanitarian situation In October 2019 a woman died as she was unable to secure an urgent medical evacuation There are reports of similar cases where residents have been unable to secure medical treatment in time 310

Arbitrary Detentions

The de facto authorities continue to arbitrarily detain individuals (including women and juveniles) for violating border restrictions such measures raise serious human rights concerns It was reported that between 2017-2019 the Russian military arrested 312 people travelling towards South Ossetia among them 48 women and 12 juveniles311

The issue of so-called illegal border crossings has arisen due to a lack of clarity around the requirement for ldquopermission documentsrdquo to enable to leave South Ossetia and travel312 According to the Council of Europe around 300 people were able to cross the border during a 10-day window in February 2020313 However those individuals without proper ldquodocumentsrdquo were refused permission to cross the border The inability to go the territory controlled by the Georgian government and collect pensions there further weakens the socio-economic conditions of the affected population314

Freedom of Expression

The right to freedom of expression is suppressed in South Ossetia and a climate of fear and intimidation has forced the de facto authoritiesrsquo critics to leave the region Others who remain in South Ossetia have self-censored out of fear of criminal prosecution and harassment A recent case concerns Irina Kelekhsaeva315 who published an article in ldquoEkhokavkazardquo on 22 November 2019 concerning allegations of ill-treatment and beatings in Tskinvali prison Kelekshsaeva alleged that the Minister of Justice was present at the beatings In response the de facto Justice Minister Lalieva instituted legal proceedings

309 The Council of Europe Consolidated report on the conflict in Georgia (October 2019 ndash March 2020) - Document presented by the Secretary General April 04 2020 available at httpssearchcoeintcmPagesresult_detailsaspxObjectID=09000016809e1775

310 Ibid 311 DRI prepared the report on the Restrictions on the Right to Freedom of Movement in Abkhazia and Tskhinvali

RegionSouth Ossetia April 08 2020 available at httpwwwdemocracyresearchorgeng273312 Ibid 313 By the end of January the de facto authorities in South Ossetia indicated that the main crossing point would

be open for ten days every two months for the collection of pensions by ethnic Georgians only However due to the COVID-19 pandemic the whole Administrative Boundary Line was closed by the end of February See The Council of Europe Consolidated report on the conflict in Georgia (October 2019 ndash March 2020) - Document presented by the Secretary General April 04 2020 para 47 available at httpssearchcoeintcmPagesresult_detailsaspxObjectID=09000016809e1775


315 AMNESTY INTERNATIONAL PUBLIC STATEMENT April 18 2020 available athttpswwwamnestyorgdownloadDocumentsEUR5621122020ENGLISHpdf

53

against her on the grounds of disseminating defamatory information According to the Democracy Research Institute the investigation against Kelekhsaeva might be linked to the article ldquoEkhokavkazardquo which is the main source of dissemination of impartial information in the region 316

Cooperation with International Organisations

The de facto authorities in South Ossetia have been reluctant to engage with the WHO and other international organisations (further IOs) given their demands for international recognition as an independent state The de facto authorities see IOsrsquo collaboration with the Georgian government as undermining their claim to independence317 Most recently in March 2020 the WHO sought to send a team of specialists to the region but were refused admission unless they entered through Russia instead of Georgia Tskhinvali subsequently shut its border with Russia318

At the time of writing the International Committee of the Red Cross (ICRC) is the only international organisation operating in South Ossetia It has provided supplies to the local jail and to the health structures in local towns and villages319 Despite the ICRC support to the region there is a lack of medical staff on the ground to assess local health needs320 The de facto authorities are putting the health of the population at risk by failing to co-operate with international organisations and the WHO during the pandemic and prioritising political demands321

RecommendationsRecommendations to the Georgian government

EMERGENCY LEGISLATION

middot Ensure that any measures introduced during the emergency period are governed solely by primary legislation with appropriate safeguards akin to those under a state of emergency Emergency measures should not afford the Executive unfettered discretion to act ldquoat willrdquo and should include clear conditions and limits on powers

middot Ensure that any emergency measures are accompanied by judicial andor parliamentary oversight as an important check and balance against government overreach

316 DRI Critical Thinkers are Oppressed in Tskhinvali February 28 2020 available at httpwwwdemocracyresearchorgeng249


318 Crisis Group Europe Report Ndeg249 Abkhazia and South Ossetia Time to Talk Trade May 24 2018 p 23 Available at httpswwwcrisisgrouporgeurope-central-asiacaucasusgeorgia249-abkhazia-and-south-ossetia-time-talk-trade

319 Sputnik-Ossetia Red Cross provided humanitarian aid to detainees in South Ossetia] April 01 2020 available at httpssputnik-ossetiaruSouth_Ossetia2020040110354461Krasnyy-Krest-okazal-gumanitarnuyu-pomosch-zaklyuchennym-v-Yuzhnoy-Osetiihtml

320 International Crisis Group The COVID-19 Challenge in Post-Soviet Breakaway Statelets May 06 2020 available at httpswwwcrisisgrouporgeurope-central-asiab89-COVID-19-challenge-post-soviet-breakaway-statelets Georgia Today COVID-19 ICRC Hands over Personal Protective Equipment to Medical Staff of Tskhinvali June 21 2020 available at httpgeorgiatodaygenews21560COVID-19per cent3A-ICRC-Hands-over-Personal-Protective-Equipment-to-Medical-Staff-of-Tskhinvali

321 Ibid

54

middot The newly amended ldquoLaw on Public Healthrdquo according to which government decrees and other by laws can be given priority over the laws should be repealed by parliament or by the Constitutional Court in accordance with the principles of the rule of law and the Georgian constitution

middot Concerns about the constitutionality and legality of the new legislative amendments to the Code of Administrative Offenses and the Criminal Code of must be resolved by the Constitutional courts as soon as practicable

PENALTIES

middot Review the sanctions regime for violating emergency measures to ensure that fines are commensurate to salaries and are being applied in a proportionate and non-discriminatory way

ABUSE OF POWERS BY THE POLICE

middot Ensure that internal mechanisms investigate any allegations of abuse by law enforcement officials robustly and make findings available to the public Investigations should be carried out in a timely and efficient manner by the State Inspector and in line with international human rights standards

FREEDOM OF MOVEMENT

middot Ensure that penalties for violating freedom of movement restrictions are proportionate and are not enforced in an excessive manner by the police or other actors

middot Identify those in need of transportation for chronic health-related reasons (such as tuberculosis hepatitis C and dialysis programmes) and bring them to appropriate medical facilities andor their place of residence in case public transportation is closed during the state of emergency

RIGHT TO A FAIR TRIAL

middot Ensure that fair trial rights are upheld in all circumstances and that in-person hearings remain the rule rather than the exception

middot Ensure the allocation of adequate financial resources for lsquoremote justicersquo hearings and associated costs eg training technical equipment internet connection

middot Draft national guidelines and eligibility criteria for remote justice hearings in line with international human rights standards and in conjunction with key justice stakeholders human rights institutions and external experts

middot Promote the concept of lsquoopen justicersquo to allow the public to attend electronic court hearings

PRISONS

middot The government should take practical steps to relieve overcrowding in prisons and promote the use of non-custodial measures

middot Provide all prison staff and people in prison with adequate PPE and improve hygiene measures in places of detention

middot Ensure that prison monitoring and oversight bodies have regular and unfettered access to prisons and other places of detention If lsquoin personrsquo monitoring is not possible the authorities

55

should provide alternative ways of monitoring these establishments eg remote access to detention registers files and lsquovirtual visitsrsquo Personal Protective Equipment should be provided to all prisoners and prison staff The government should improve hygiene practices in places of detention

ACCESS TO INFORMATION

middot Provide ample public information on all platforms (online broadcast) about COVID-19 and preventive measures in all national minority languages In particular important public health messages should be translated into Azerbaijani and Armenian and broadcast several times a day

middot Conduct a needs assessment of ethnic minority groups to help determine gaps in provision of services and information

RIGHT TO ASSEMBLY

middot Ensure that blanket bans on public assemblies do not become the norm during the public health crisis The authorities should actively engage with organisers andor participants to find workable solutions to manage any attendant public health risks associated with public demonstrations

middot Ensure that fines are applied in a non-discriminatory and equitable manner

RIGHT TO HEALTH

middot Provide all medical professionals and other frontline workers with all necessary PPE and regular testing for COVID-19 Ensure that working conditions for medical professionals comply with international labour law and human rights standards

middot Take special measures to ensure that people living with disabilities receive adequate treatment if diagnosed with COVID-19 Investigate and hold to account all incidents of stigmatization or discrimination against people living with disabilities

RIGHT TO HOUSING

middot Ensure that homeless people are not discriminated against in the provision of shelter food and medical care Provide homeless people with housing in shelters or any other suitable venue even in cases of non-eligibility

middot Promote ldquojoined uprdquo and coordinated action between local municipalities the police and Ministry of Internal Affairs to identify and register homeless people

middot Take into consideration the economic vulnerability caused by the pandemic and make sure that there is a moratorium on deducting money from salaries pensions and scholarships

ECONOMIC RESPONSE

middot Take special measures to ensure that no group is lsquoleft behindrsquo in terms of economic support and social assistance Vulnerable groups (including single mothers homeless people women sex workers LGBTQI) should be able to access any financial support without bureaucratic challenges

middot Create and develop inclusive economic policies that safeguard the rights of vulnerable groups and empower them both during and post-crisis

56

EQUALITY AND THE PROHIBITION OF DISCRIMINATION

WOMEN

middot Ensure that women are not discriminated against in the provision of support services and that protective mechanisms are in place for victims of domestic and other forms of gender-based violence Women should be given access to sexual and reproductive health services especially marginalised and the most vulnerable women

middot Take steps to ensure that public health campaigns reach marginalised women women from ethnic minority backgrounds and women with disabilities (through proactive outreach translation etc)

PEOPLE WITH DISABILITIES

middot Ensure a disability-inclusive response to the crisis In particular the authorities should ensure the continuation of vital health services to people living with disabilities

middot Adopt a consultative approach in order to develop a vision and strategic document on how to address the needs of persons with disabilities during and in the aftermath of the pandemic

ETHNIC MINORITY GROUPS

middot Provide COVID-19 public health information in languages used by minority groups as far as possible

middot Provide humanitarian support to the self-governed municipalities of Bolnisi and Marneuli Programmes of social support and humanitarian aid to Marneuli and Bolnisi self-governments should be based on broader and fairer social and economic criteria for assessing the social vulnerability of families and their work should be more efficient professional and impartial

middot Any fines should be proportionate and take into account the situation of this economically vulnerable community

LGBTQI PEOPLE

middot Take special measures to protect the LGBTI community and fully include them in COVID-19 policy response and planning In the immediate short term the LGBTQI community should be provided with rental subsidies shelter or alternative housing options

Recommendations to the de facto authorities of the occupied territories of Abkhazia and South Ossetia

middot Ensure that the human rights of the both populations are fully protected and remain central to the management of the public health crisis

middot Desist from using disinformation campaigns that target the Georgian authorities and lead to hostility and promote the use of cooperative language

middot Allow international monitors access to the territory to monitor human rights violations and provide assistance to the population

2

Table of contents

Executive Summary 3

Methodology 5

Brief Country Information 6

Incidence of COVID-19 in Georgia 8

The Georgian Authoritiesrsquo Response to COVID-19 Pandemic and its Impact on Human Rights 9

De facto Authoritiesrsquo Response to COVID-19 and its Impact on Human Rights on the Occupied Territories of Abkhazia and South Ossetia 45

Recommendations 53

3













4















5














6

middot Health care

middot Housing
















7











8














9















10



















41 Ibid pp 6-7

11











46 Ibid p 13

12












13














14













15















16











17














18









19













20



Public Hearings











106 Ibid

21















114 Ibid

22

















23















24














25













26

















27














28











29






VI RIGHT TO HEALTH






30













31














32














33






Evictions








34













35












36












208 Ibid

37


















38





XI WOMEN









39















40

Government response






Access to Services







41













42














43













44










45











46











47





I ABKHAZIA







48





Easing restrictions











49















50



II SOUTH OSSETIA












51



Freedom of Movement













52













53














321 Ibid

54



PENALTIES




FREEDOM OF MOVEMENT








PRISONS




55





RIGHT TO ASSEMBLY



RIGHT TO HEALTH



RIGHT TO HOUSING




ECONOMIC RESPONSE



56


WOMEN










LGBTQI PEOPLE






3













4















5














6

middot Health care

middot Housing
















7











8














9















10



















41 Ibid pp 6-7

11











46 Ibid p 13

12












13














14













15















16











17














18









19













20



Public Hearings











106 Ibid

21















114 Ibid

22

















23















24














25













26

















27














28











29






VI RIGHT TO HEALTH






30













31














32














33






Evictions








34













35












36












208 Ibid

37


















38





XI WOMEN









39















40

Government response






Access to Services







41













42














43













44










45











46











47





I ABKHAZIA







48





Easing restrictions











49















50



II SOUTH OSSETIA












51



Freedom of Movement













52













53














321 Ibid

54



PENALTIES




FREEDOM OF MOVEMENT








PRISONS




55





RIGHT TO ASSEMBLY



RIGHT TO HEALTH



RIGHT TO HOUSING




ECONOMIC RESPONSE



56


WOMEN










LGBTQI PEOPLE






4















5














6

middot Health care

middot Housing
















7











8














9















10



















41 Ibid pp 6-7

11











46 Ibid p 13

12












13














14













15















16











17














18









19













20



Public Hearings











106 Ibid

21















114 Ibid

22

















23















24














25













26

















27














28











29






VI RIGHT TO HEALTH






30













31














32














33






Evictions








34













35












36












208 Ibid

37


















38





XI WOMEN









39















40

Government response






Access to Services







41













42














43













44










45











46











47





I ABKHAZIA







48





Easing restrictions











49















50



II SOUTH OSSETIA












51



Freedom of Movement













52













53














321 Ibid

54



PENALTIES




FREEDOM OF MOVEMENT








PRISONS




55





RIGHT TO ASSEMBLY



RIGHT TO HEALTH



RIGHT TO HOUSING




ECONOMIC RESPONSE



56


WOMEN










LGBTQI PEOPLE






5














6

middot Health care

middot Housing
















7











8














9















10



















41 Ibid pp 6-7

11











46 Ibid p 13

12












13














14













15















16











17














18









19













20



Public Hearings











106 Ibid

21















114 Ibid

22

















23















24














25













26

















27














28











29






VI RIGHT TO HEALTH






30













31














32














33






Evictions








34













35












36












208 Ibid

37


















38





XI WOMEN









39















40

Government response






Access to Services







41













42














43













44










45











46











47





I ABKHAZIA







48





Easing restrictions











49















50



II SOUTH OSSETIA












51



Freedom of Movement













52













53














321 Ibid

54



PENALTIES




FREEDOM OF MOVEMENT








PRISONS




55





RIGHT TO ASSEMBLY



RIGHT TO HEALTH



RIGHT TO HOUSING




ECONOMIC RESPONSE



56


WOMEN










LGBTQI PEOPLE






6

middot Health care

middot Housing
















7











8














9















10



















41 Ibid pp 6-7

11











46 Ibid p 13

12












13














14













15















16











17














18









19













20



Public Hearings











106 Ibid

21















114 Ibid

22

















23















24














25













26

















27














28











29






VI RIGHT TO HEALTH






30













31














32














33






Evictions








34













35












36












208 Ibid

37


















38





XI WOMEN









39















40

Government response






Access to Services







41













42














43













44










45











46











47





I ABKHAZIA







48





Easing restrictions











49















50



II SOUTH OSSETIA












51



Freedom of Movement













52













53














321 Ibid

54



PENALTIES




FREEDOM OF MOVEMENT








PRISONS




55





RIGHT TO ASSEMBLY



RIGHT TO HEALTH



RIGHT TO HOUSING




ECONOMIC RESPONSE



56


WOMEN










LGBTQI PEOPLE






7











8














9















10



















41 Ibid pp 6-7

11











46 Ibid p 13

12












13














14













15















16











17














18









19













20



Public Hearings











106 Ibid

21















114 Ibid

22

















23















24














25













26

















27














28











29






VI RIGHT TO HEALTH






30













31














32














33






Evictions








34













35












36












208 Ibid

37


















38





XI WOMEN









39















40

Government response






Access to Services







41













42














43













44










45











46











47





I ABKHAZIA







48





Easing restrictions











49















50



II SOUTH OSSETIA












51



Freedom of Movement













52













53














321 Ibid

54



PENALTIES




FREEDOM OF MOVEMENT








PRISONS




55





RIGHT TO ASSEMBLY



RIGHT TO HEALTH



RIGHT TO HOUSING




ECONOMIC RESPONSE



56


WOMEN










LGBTQI PEOPLE






8














9















10



















41 Ibid pp 6-7

11











46 Ibid p 13

12












13














14













15















16











17














18









19













20



Public Hearings











106 Ibid

21















114 Ibid

22

















23















24














25













26

















27














28











29






VI RIGHT TO HEALTH






30













31














32














33






Evictions








34













35












36












208 Ibid

37


















38





XI WOMEN









39















40

Government response






Access to Services







41













42














43













44










45











46











47





I ABKHAZIA







48





Easing restrictions











49















50



II SOUTH OSSETIA












51



Freedom of Movement













52













53














321 Ibid

54



PENALTIES




FREEDOM OF MOVEMENT








PRISONS




55





RIGHT TO ASSEMBLY



RIGHT TO HEALTH



RIGHT TO HOUSING




ECONOMIC RESPONSE



56


WOMEN










LGBTQI PEOPLE






9















10



















41 Ibid pp 6-7

11











46 Ibid p 13

12












13














14













15















16











17














18









19













20



Public Hearings











106 Ibid

21















114 Ibid

22

















23















24














25













26

















27














28











29






VI RIGHT TO HEALTH






30













31














32














33






Evictions








34













35












36












208 Ibid

37


















38





XI WOMEN









39















40

Government response






Access to Services







41













42














43













44










45











46











47





I ABKHAZIA







48





Easing restrictions











49















50



II SOUTH OSSETIA












51



Freedom of Movement













52













53














321 Ibid

54



PENALTIES




FREEDOM OF MOVEMENT








PRISONS




55





RIGHT TO ASSEMBLY



RIGHT TO HEALTH



RIGHT TO HOUSING




ECONOMIC RESPONSE



56


WOMEN










LGBTQI PEOPLE






10



















41 Ibid pp 6-7

11











46 Ibid p 13

12












13














14













15















16











17














18









19













20



Public Hearings











106 Ibid

21















114 Ibid

22

















23















24














25













26

















27














28











29






VI RIGHT TO HEALTH






30













31














32














33






Evictions








34













35












36












208 Ibid

37


















38





XI WOMEN









39















40

Government response






Access to Services







41













42














43













44










45











46











47





I ABKHAZIA







48





Easing restrictions











49















50



II SOUTH OSSETIA












51



Freedom of Movement













52













53














321 Ibid

54



PENALTIES




FREEDOM OF MOVEMENT








PRISONS




55





RIGHT TO ASSEMBLY



RIGHT TO HEALTH



RIGHT TO HOUSING




ECONOMIC RESPONSE



56


WOMEN










LGBTQI PEOPLE






11











46 Ibid p 13

12












13














14













15















16











17














18









19













20



Public Hearings











106 Ibid

21















114 Ibid

22

















23















24














25













26

















27














28











29






VI RIGHT TO HEALTH






30













31














32














33






Evictions








34













35












36












208 Ibid

37


















38





XI WOMEN









39















40

Government response






Access to Services







41













42














43













44










45











46











47





I ABKHAZIA







48





Easing restrictions











49















50



II SOUTH OSSETIA












51



Freedom of Movement













52













53














321 Ibid

54



PENALTIES




FREEDOM OF MOVEMENT








PRISONS




55





RIGHT TO ASSEMBLY



RIGHT TO HEALTH



RIGHT TO HOUSING




ECONOMIC RESPONSE



56


WOMEN










LGBTQI PEOPLE




